'^ 





Qass / /^7 



/ 

ORDER 

OF BOTH BRANCHES 

OF THF 

LEGISLATURE OF MASSACHUSETTS, 

TO APPOINT / ,/ 

COMxMISSIONERS 

TO INVESTIGATE THE C.iUSES OF THE DIFFICULTIES IN 
THE COUNTY OF LINCOLN -. 

AND THE 

REPORT 

OF THE COMMISSIONERS THEREON. 

WITH THE 

DOCUMENTS, 

IN SUPPORT THEREOF. 



.VV-.,V>-vi , ,. ;. 





BOSTON : 

PRINTED BY MUNROE & FRENCH, 

PRINTERS TO THE STATE. 
1811. 



f27 . 



Commonwealth of Massachuset 



IS, 



THE Committee, appointed to consider the expe- 
diency of sending a Committee of the Legislature into 
the County of XW/z to examine into, and report the 
state of facts relative to,certain complaints and disturban- 
Orde" '""-^ !^''^'''" ""^ ^^'^ country— report the following 

OnDERED-That His Excellency the Governor, 
be, and he hereby is, authorized and 'requested to an. 
point three Commissioners to take into consideration his 
Message to the two branches of the Legislature, relative 
to disturbances in the County of Lincoln, with the Doc 
uinents accompanying the same ; and also to take into 
consideration the Memorial from the Inhabitants of the 
towns of Bristol, Edgecomb, Nobleborough, New Cas- 
tie, andBoothbay ; and the Memorial signed by Samuel 
fucker and others ; all of which are now pending before 

be' ?nd7h ^'"'1- t"^ '^''l '^'' ''''^ Commissioners 
be, and they are hereby, authorized and directed to -o 

into said County of Lincoln, investigate thorouHily the 

nature and causes of the difficulties stated in s!id mes 

sage and documents ; and also the nature, causes, and 

state ot the difficulties and grievances complained of in 

said memorials That said Commissioners have power 

losend for such persons and papers as may appear to 

them necessary, m order to enable them to determine 

lully on the subject of this commission-^That they eive 

no ice of the time and place of their first meeting o%he 

satl 1 r^ the towns above mentioned ; a ncf also to 
sa.d J ucker, and such other persons as they may deem 
n expedient to have nctified-»And that they report a^ 



soon as may be to the next General Court a state of facts 
on the subject referred to in said message, documents, 
and memorials ; and recommend such measures as it 
may be expedient in their opinion to be adopted by the 
J legislature thereupon, in order to restore tranquility to 
that section of the country, and to redress grievances, if 
any are found to exist. And that the said Commission- 
ers be, and are hereby authorized, if they see fit, to ap- 
j'oint a Clerk to attend them in the execution of their said 
commission. Which is submitted. 

ISRAEL THORNDIKE, per order. 

In Senate, Feb. 25, 1811. 
Read and accepted. 

Sent down for concurrence. 

H. G. OTIS, President. 

In the House of Representatives, Feb. 27, 1811. 
Read and concurred. 

JOSEPH STORY, Speaker, 



COMMISSIONERS' REPORT. 



To the Honorable Senate and House of 
Mepresentatives, in General Court as- 
sembled — May, 1811. 

THE undersigned, having been appointed by 
his Excellency the Governor, under an order of both 
branches of the Legislature, passed on the 27th day of 
February last, Commissioners, to take into considera- 
tion the Message of his Excellency to the Legislature 
of the 29th day of January last, relative to disturban- 
ces in the county of Lincoln, with the Documents ac- 
companying the same ; and also, to take into consider- 
ation the Memorial from the inhabitants of the towns 
of Bristol, Edgecomb, Nobleborough, Newcastle, and 
Boothbay, and the Memorial of Samuel Tucker and 
others, all of which are now pending before the Gen- 
eral Court ; and to go into the said county of Lincoln, 
and investigate thoroughly, the nature and causes of 
the difficulties stated in said message and documents ; 
and also, the nature and causes, and state of the diffi- 
culties and grievances complained of in said Memorials, 
with power to send for such persons and papers, as 
should appear to us necessary, to enable us to deter- 
mine fully on the subject of our commission, giving 
notice of the time and place of our first meeting to 
the Selectmen of the several towns aforesaid, and to 
the said Samuel Tucker, and to such other persons as 
we might deem it expedient to notify, with power to 
appoint a Clerk, have attended the duties assig;ned to 
us in the said commission and order, in the following 
manner. After having given public notice, in all the 



6 

newspapers printed in Boston, and in three others, 
printed in the District of Maine, and also, particular 
notices to the several Memorialists, and such other per- 
sons, as, within our knowledge and information, were 
in any manner interested in the titles to land, lying 
within any of said towns, we met at the Court-House, 
in Wiscasset, on Wednesday the first day of May in- 
stant, appointed Eleazer W. Ripley, Esq. our Clerk, 
and proceeded to open the commission. Daniel Rose,i 
Milton Goodenow, Aaron Blanay, James Drummotid, 
Jun. Daniel Waters, and Stephen Parsons, Esquires, 
appeared, as the constituted agenis for the Memorial- 
ists ; and the Hon. Silas Lee, Esq. a,s counsel and at- 
torney to the claimants, under what is called the Tap. 
pan right i Samuel H. Flagg, and his counsel and at- 
torney, in behalf of what is called the Dro-wne right, 
and James Noble and William T. Vaughan, with their 
counsel and attornies, John Holmes, Jeremiah Eailey 
and Daniel W. Lincoln, Esquires, in'behalf of what is 
denominated the Brown right ; and Josiah Stebbins, 
Esq. as counsel and attorney, in behalf of the grant of 
a tract of land, made by the Legislature to the Lincoln 
Academy. 

At the request of the Agents for the Memorialists, we 
adjourned our subsequent meetings to the towns of 
Newcastle, Bristol and Nobleborough, where, at their 
desire, we viewed a number of places, which were 
shewn to us, as the ruins of ancient settlements ; and 
having fully and patiently heard all the allegations and 
witnesses, and seen and considered all the deeds and 
other documents, produced by the agents for the Me- 
morialists, as weW as such as were produced on the 
part of the non-resident claimants aforesaid, WE res- 
pectfully submit to the consideration of your Honors 
the folio .ving result of our investigation and enquiries : 

1 Agents' authority, a. s. 



So far as respects that part of the memorial of Samuel 
Tucker and others, a committee of the town of Bristol, 
and that part of the memorial of Benjamin Plummer 
and others, in behalf of a number of the inhabitants of 
the town of Nobleborough, which respects the conduct 
of the Hon. Judge Thatcher, in ordering out the militia, 
conformably to the law of March 6th, A. D. 1810, to 
support the surveyor, appointed by order of the Su- 
preme Judicial Court to run certain lines ; as that law 
has since been repealed, the agents for the memorialists 
voluntarily withdrew all further complaint on that sub- 
ject, and are satisfied with what has been already done 
by the Legislature. 

The permanent grievances, of which they complain, 
are particularly detailed in the joint memorial of the 
several towns of Bristol, Edgecomb, Nobleborough, 
New^castle, and Boothbay, and, to the investigation of 
the nature and causes of these complaints, our atteii- 
tion has been particularly directed ; — and in order to 
give your Honors a correct view of the present state of 
the difficulties, of which the Memorialists complain, 
we beg leave briefly to state the origin and nature c;^ 
the several claims, with which they are threatened, and 
the circumstances which have attended them. 

The non-resident claimants, under what is common- 
ly denominated the Browne c/^/w,exhibited as the foun- 
dation of their title, a patent,i or rather an indenture, 
between the President and Council of New-England, 
on one part, and Robert Alsworth and Giles Elbridge 
of Bristol, in England, on the other part, executed 
on the twentieth day of February, 1631, by which, 
in consideration that the said Alsworth and Elbridgc, 
*' have and -will transport, and do undertake to 
transport, at their own cost and charges, divers per- 
sons into New-England, and there to erect a7id build a 
town and settle inhabitanfs:'-^The said President and 



1 Pemaqnid patent, b. b. c 

/ 



Council granted and assigned to said Alsworth and 
Elbridge, their heirs and assigns, " one hundred acres 
of ground for every person so by them transported^ 
•wifhiH the space of seven years next ensuing^ that shall 
abide and continue there three years, or die after they 
are skipped.'" The same indenture also granted to said 
Alsworth and Elbridge, their he»irs and assigns, " twelve 
thousand acres of land over and above such settlers lots, 
to be taken and laid out near the river, commonly called 
and known by the n me of Pemaquid, and 7iexi adjoin- 
ing the place where the people ajid servants of said Als- 
worth and Elbridge are now settled, or have inhabited 
for the s pace of three years last pas t, to be taken together 
along the sea coast, as the coast lietli, and so up the river, 
as far as 7nay contain the said, twelve thousand acres, 
with all the islands and islets, within the limits 7iext 
adjoifiing the said land, butting within the limits afore- 
said, three leagues into the main ocean.'' And it was 
further agreed, on the part of the s'aid President and 
Council, " that upon lawful information given of the 
bounds, metes and quantity of the lands so chosen and 
possessed, the said President and Council, upon surren- 
der of this p resent grant, and upon reasonable request, 
by said Alsworth and Elbridge, their heirs or assigns, 
within seven years now next coming, shall and will, by 
deeds indented, grant, enfeof and confirm, all and every 
of the said lands, set out and bounded as aforesaid, to 
the said Robert Alsworth and Giles Elbridge, and their 
associates.'" And it was further covenanted, in said 
indenture, " that the said Alsworth amd Elbridge, their 
heirs afid assigns, shall not, at any time hereafter, ali- 
ene tliese premises or any part thereof, to any foreign 
nafiojis, or to any person or persons whatsoever, with- 
out the license, co?ise?it and agreeme?it, of the said Presi- 
dent and Council, and their successors and assigns, 
except it be to their own tenants or undertakers, belong- 
ing to the said town, by them to be erected as aforesaid. 



upon paifi of forfeiture of the said land, so aUtned^tQ 
the use of the said President and CouTicil again" The 
said indenture also constituted Captain Walter Neale 
and Richard Vines the iittornies of the said President 
and Council to enter the premises and deliver possesr 
sion thereof; and there appears endorsed thereon the 
following memorandum •.'■'The possession of all the lands, 
contained in this patent, was delivered by me Walter 
heale toAbrahamShurfe^ to the use of Robert Alsworlh and 
Giles Elbridge, merchants, of the city of Bristol, this 11 th 
day of May, 1633; WA : NEALE:' The patent 
appears to have been recorded in the Registry of the 
county of York, April 2d, 1737; it also appeared by 
the deposition of Abraham Shurte, not signed, but 
taken and svyorn to before Richard Russell, magistrate, 
on the 25th of December, 1662, and recorded in the 
Secretary's Office, March 28, 1744, that i n 1629, ftwo 
years before the patent was dated) \V[altei^Neale_gaye 
hi m possession of the lands u nderJ^a Fpat ent ; and 
thaT he bounded the twelve thousand acres~Therein, 
«' from the head of Damariscotta to the head of the ri-ver 
Muscongus, and between if to the sea f and " that 
some years afterwards, Thomas Elb ridge, to whom the 
patent belonged, coming to Petnaquid, held a Court there, 
to which the inhabitants repaired, and co?itinued their 
fishing, paying a certain acknowledgement:' 

It is contended by the present claimants, that this 
grant is a joint tenancy, and that Giles Elbridge sur- 
vived Robert Alsworth, and became sole proprietor of 
the whole, and that John Elbridge, eldest son of Giles, 
afterwards died, and, by his will, devised the whole to 
Th's. Eldridge, the secondLsgn ofjGdigs, and that so the ^o 
present claimants derive their title down through him. ' 

No otlier evidence of the lineal descent of Thomas 
Elbridge, or of the devise of his brother, was exhibited 
to the Commissioners, than such as arose from recitals 
to that effect in the deeds of the said Thomas Elbridge, 

1 Abraham Shurte 's deposition, cc. 
2 



10 

and no evidence whatever of the survivorship of Giles 
Elbridge. It appeared, that on the first day of Febru- 
ary, 1651, the said Thomas Elbridge conveyed ^ one 
half of the whole patent to Paul White, — and that in 
April, 1653, Paul White conveyed^ this moiety to 
Richard Russel, and Nicholas Davison, and in July 
1657, Richard Russel conveyed ^ his quarter of the 
patent, to Nicholas Davison, and on the 3d day of 
September, 1657, Thomas Elbridge conveyed * his 
other moiety of the patent to the said Nicholas Davi- 
son. It appears on the face of these deeds, that Nicho- 
las Davison, at the time of the said conveyance, resided 
at Charlestown in the county of Middlesex, and his 
will, 5 dated March, 1665, stiles him of that town. The 
present claimants traced a title down to ShemDrowne's 
\v ife, who jyasj one o f the^descendant^^f Nicholas Da- 
vison, and they produced a power of attorney"^ from 
the other heirs, to Shem Drown e, dated the 3d day of 
September, 1735, all of whom, as well as Nicholas 
Davison and all the intermediate claimants, were non- 
resident within the patent, and no evidence was given 
to the commissioners of any actual possession of any 
part of the patent, by any person interested therein, 
from the year 1657, to the yeajM737, when it appears, 
by the depositions of Alexander Erskine ^ and Patrick 
Rogers,'* that Shen i Drowne first took possession , and 
employed John North to take a survey of the patent 
lands ; and it appears by aj(lan made and signed by 
John N orth, Nov. 2, 17 41, that an actual survey was 
taken by him, and the land laid out in lots among the 

1 T. Elbridge's deed to Paul White, ee. 

2 Deed, Paul White to Russel and Davison, ff, J" 

3 Deed, Richard Itussel to N. Davison, ^g. '»'- 

4 Tiio. Elbridge to N. Davison, hh. <(o^ , 

5 N. Davison's Will, kk. r/o , 

6 Habijah Savage and atty's power, ss. j /^ 

7 Deposition of Alexander Erskine, tt. 

8 DepositioH of Patrick Rogers, uu. 4/ 



11 

proprietors, and a division deed ^ was executed among 
them on the fifth day of October, 1752, to the whole 
extent from Damariscotta falls and Madomock down to 
the sea. But, by two witnesses produced on the part 
of the agents for the memorialists, viz. William Jones^ 
and Jonas Fitch,^ i'c appears, that the survey embraced 
70 or 80000 acres, instead of 12000, granted by the 
patent. The claimants produced a large number of 
leases to different settlers from the year 1744, to 1761. 
They also produced a copy of the pe tition of the Pe - 
maquid proprieto rs ^ to the legislature of Massachu- 
setts, d ated January, 1 773, praying that their proceed- 
ings in their proprietors' meetings might be ratified 
and confirmed, any irregularity in the same notwith- 
standing, and a ratification thereof by the legislature 
March 1, 1774. — And the present claimants contend, 
that this act of the legislature is a confirmation of all 
the rights, originally intended to be granted by the 
patent. 

No evidence was produced to the Commis sioners, 
th at the or iginal^aX^entees_^gg?_grg^^ or sh i^^d 

any settlers after t heir patent was granted— -Nor that, 
within the seuen years next following the date of the 
patent^ any deed of confirmation was granted by the 
President mid Council of New-England, to them or 
their associates, Jior that any request was euer made by 
the patentees, for that purpose. 

Whether the first of these acts is to be considered as a 
condition precedent, and the other a condition subse- 
quent, on the performance of which the "validity of the 
grant was to depend : and whether the alienation of the 
patent lands by the heir of the sur'viving patentee, with' 
out the consent and agreement of the President and 
Council of New Kngland, to persons not his own tenants. 



1 Deed of Division, xx. 3 Commissioners' reconls, page 3J. 

!& Com. Hec. page 5. i Petition and resolve, aaa, bbb. 



12 

iind not belonging to the town^ erected imder the patent^ 
operates as a forfeiture of the lands so alienated to the 
tise of the said Preside^it and Council of New-Efigland ; 
and whether the rights^ accruing under such forfeiture^ 
are not now uested in the commonwealth, or whi ther as 
there were duties imposed as well as rights granted by the 
patefit,the absence of use and possession for '60 year s^unac- 
companied with any acts of settlement or buildifig a town 
by themselues or others under them, does not work a for- 
feiture of the rights of the patentees and their assigns, 
by non user y or 

Whether the doings of the legislature of the late Pr ev- 
ince of Massachusetts in 1774, legalizing the regular 
proceedings of the meetings of the Pemaquid company, 
be a confirmation of all the original patent rights, to the 
no7i-residcnt grantees of the original patentees, are 
questions which naturally present themselves in this 
enquiry, but which, without the assent of the parties 
to some other mode of adjustment, exclusively apper- 
tain to the supreme judiciary ultimately to determine, 
and therefore the commissioners forbear to offer any 
opinion upon them. 

The non-resident claimants, under what is denomi- 
nated the Tappan _right, derived their title from three 
Indian deeds to Walter Phillips, the first from Josle and 
his son and wife ; ^ the second from Wittenose and 
Erie Dugles ; - the third from Erie Dugles,^ all of 
whom, in said deeds, are styled Sagamores. 

The first of these deeds, from Josle, &c. is dated the 
15th of February, 1661, and appears to be the condi- 
tion of an obligation, which is, that Walter Phillips 
*' shall peaceably hold, enjoy and possess, from the date 
of these presents to him and his heirs and assigns for- 
ever, all and singular these lands, beginnivg at the lower 
end of the salt pond at Damariscotty, so tending right 

6^-1 Daed Josle 8tc. to Phillips, N. 3 D.-ecl, Erie Dugle to Phillips, J. 5 : 

"?. Deed, Wittenose et al to samcj U. 8' 



13 

Q-^oer to Cavesisix riuer due wesf northwest^ so tending 
right up in the country three leagues^ from the mouth of 
the fresh falls-, all the upland and marsh or marshes 
there belonging thereunto, within the compass of the three 
leagues above mentioned-, which lately was the lands of 
the within named and bounden Josle, Sagamore of the 
said laTidr This instrument appears to be a bond, for 
quiet possession of the lands, rather than a deed of 
conveyance of the fee, and it refers to a deed anterior 
to it, — and is not acknowledged, but appears to have 
been entered in the records of bheepscot, May 26, 
1687, — and said to be lod^^ed in the Secretary's office, 
as certiiied by J. Willard, ^ec'y» J^n- 13, 1730; — but 
no such book has been ever found to be lodged in the 
Secretary's office. 

The second deed to Phillips from Wittenose and 
Erie Dugles is of the same nature with the foregoing, 
and seems to be the condition of a bond for his quiet 
possession of the lands, thus described, " Beginning at 
Pencotsgowake^ the one half upwards to the lower end 
of the salt pond to the end of the land throughout, to the 
indraft that comes out of the salt pond, so likewise from 
Pedcocgowake down to the noke below the hojise of the 
said Walter Phillips, which the natives used to carry 
their canoes over to Cavesix river, so likewise on the 
other side of the said meadow that lies west northwest 
from Pedcocgowake 200 poles i?i length northwest, all 
fnarshes fresh or salt within the hmits above mentioned 
which lately w is the lands of the within named Witte- 
nose Sagamore and Erie Dugles his brother Sagamore.^* 

This instrument also refers to a prior deed 'jr grant, 
and is dated January 19th, 1662; it is not acknowl- 
edged, but appears by Secretary Willard's certificate 
under date of ISthof Jan. 1733, to have been recorded 
in the Sheepscotbook of records, before mentioned,' on 
March 4th, 1665. 

The third deed to W. Phillips from Erie Dugles 



14 

bears date Dec. 28, 1674, and conveys to him, his 
heirs and assigns, " a tract of land, lying and joining to 
a tract of land of Thomas Kimball, on the eastern side 
of Damariscotty fresh pond, which is five hundred acres 
joining to the fresh falls. And also " all the remainder 
part of the said land on the easier side of Damariscotty 
as hy as the head of the pond or any branch thereof and 
in breadth six miles with the trees, mines, water and 
wafer courses within said limits, and the right and prirn- 
leges as well by water as by land." This deed was not 
acknowbd^ed, but appears to have been recorded, in 
the office of Benjamin Rolfe, a notary public in Boston, 
Jan. 13, 1730, and in York County Registry, Sept. 12, 
1737. 

In the two first of these deeds there does not appear 
to be any consideration expressed, or what the penal- 
ties of the bonds were, and the third deed barely says, 
for a good and valuable consideration, without expres- 
sing what it was. 

It appears by a deed,^ from Walter Phillips to Chris- 
topher Tappan, dated Nov. 10, 1702, — that heconveys 
to said Tappan, his heirs and assigns, all the lands 
mentioned in the first Indian deed from Josle, &c. and 
described it, as it is therein described, and also he con- 
veys to said Tappan, in the same deed, " all the land, 
beginning at Pedcocgowake and extending upwards to 
the lower end of the salt pond and all the land through- 
out to the iidraft that comes out of the salt pond " &c. as 
described in the second Indian deed from Wittenose 
and Erie Dugles to W. Phillips ; — this deed was ac- 
knowledged, the same day it was dated, and recorded 
in the York County Registry, Sept. 12, 1737. 

Bj another deed - from Walter Phillips to Christo- 
pher Tappan, bearing date the same 10th day of No- 
vember, 1702, and acknowledged the same day, and 
recorded at the same time with the preceding, in York 

1 Paillips to Tappan, z, 2 Ditto same to same. 



15 

County Registry, it appears, that W. Phillips conveys 
to said C. Tappan the same tracts of land, mentioned 
in the third Indian deed, from Erie Dugles to said W. 
Phillips, and described as therein described. 

It appears by the two deeds, from Walter Phillips to 
Christopher Tappan, that said Phillips was, at the time 
of the execution of said deeds, an inhabitant of the 
town of Salem, in the county of Essex, and the said 
Tappan was an inhabitant of the town of Newbury, in 
the same county. 

It appeared in evidence,' that at the time of the exe- 
cution of the deeds, from the Indians to Phillips, he 
occupied a small part of the tract, so conveyed to him, 
and was in the improvement of it, as a farm, for seve- 
ral years. At what time he abandoned the possession 
did not appear, but it is obvious that, in 1702, when 
he conveyed to Tappan, neither he nor Tappan, were 
in possession, nor any one under them or either of 
them ; — but it appeared in evidence, ~ that about the 
year 1720, two or three persons went on as tenants, 
under Tappan, and cleared and improved some part 
of the land, but to what extent did not appear. And, 
in June 1733, John Pearmanand Joseph Winter went 
on to part of the lands under lease -'^ from Tappan. — 
The claimants under this right produced the deposi- 
tion of Surplus Mars ^ to prove, that in the year 1749, 
they caused an actual survey of that part of the Tap- 
pan right to be made, which lies on the east side of 
Damariscotta Fresh Pond and River, but the agents 
for the memorialists, as well as the other claimants, 
contended, that no credit was to be giveji to Surplus 
Mars' testimony, and to invalidate it produced other 

1 Esther Roberts depo. b— John D^Us ditto, c— Samuel Small ditto, d— 
John Cuvtis, e. 

2 Samuel Geaehtl's depo. 1. 

3 Tajipaii's lease to P.:i«niman and — — g^. Wm. Jones' evidence, Co:n. 
Kec. page 5. 

4 Depusitiop of Surplus Mars, x. 



16 ; 

depositions of the same man, whicii milirated with the : 
testimony given in this deposition, and no phm of any i 
such survey was produced. It farther appeared in evi- i 
dence,' that some persons, who were settlers on the j 
lands, were induced, at various periods, either by i 
threats of suit or other means, to take deeds under the ; 
Tappan right — But it did not appear, that the claim- 
ants, or any persons for them, have been in actual pos- ! 
session of any parts of this claim, from about the year i 
1730, to the present period. And the claimants under i 
the Brown right, to invalidate the Tappan right, pro- ! 
duced a copy ^ from the records of tiie late Superior ; 
Court of Judicature, by which it appeared, that on a ! 
trial of an action of ejectment in the Superior Court i 
held at York, June 1742, in which Christopher Tap- j 
pan was demandant, and William Vciughan and others, ; 
were defendants, William Vaughan took upon him- \ 
self the sole defence of the action for himself and 1 
co-defendants, and recovered judgment against said 1 
Tappan for costs of suit ; in which action the claim- . 
ants under the Brown right contend, that the merits of i 
the two claims were tried, but of this we had no evi- \ 
dence. \ 

The non-resident claimants under the Brown rights ' 
j50 called, exhibited as the origin of their title, an Indian ■ 
deed,^ from Captain John Somerset and Unongoit, i 
therein styled Indian Sagamores, dated the 15th day of J 
July, 1625, to John Brown of New-Harbor, of a tract '. 
of land thus described, " Beginning at Pcmaquid falls ! 
and running a direct course to the head of New-Hjrbor, \ 
from thence to the south end of NLuscongus Island^ taking | 
272 the Island; and so running twenly-Jiue miles into the \ 
coiintry north and by east, and thence eight miles n rih- \ 
•ward tind by west, and then turning and running south \ 
and by west, to Pemaquid, where first begun." This 
deed, it appears on the back of it, was acknowledged ; 

1 John Farley's Vest;m')ny, Commissionei-s' Rccord^s, page 17. 

2 Copy of .Jwdgment, Vaughan v. Tappa". A. i. 

3 Deed Somerset & al to Brown, h— D^ed John Brown, sen. to .Toln:! ^ 
Blown, s.d. 



17 

by Somerset and Unor.goit, on the 24th of July, 1626, 
before Abraham Short, and has this farther indorse- 
ment : — " Charles town, December "^Qth, 1720 — Receiv- 
ed, and at the request and instance of James Stelton and 
his sister Margaret Hilton, formerly Stelton, thty beir.g 
the claimers and heirs of sciid lands, accordingly entered 
by Samuel Phipps, one of the clerks of the committee of 
eastern lands." And an attested copy of it was record- 
ed in York County Registry, August 3, 1739; and in 
authenticity of this &eQi, the claimants offered the 
deposition of Simon Frost, formerly deputy secretary 
of the Province under Josiah Willard, Esq. in which 
he testifies,^ that when he was in the office he drew 
from one of the books in the office, called the Book of 
Records, the aforementioned deed, which was there 
fairly recorded, and of which the deed aforesaid is a 
true copy, and the deponent further testified, that when 
the Court-Mouse in Boston was burnt, about the year 
1748, he has reason to believe the said Book of Rec- 
ords was consumed by fire ; but the claimunts under 
the Drowne right produced the deposition - of John 
Brown, the son of the grantee, not signed, and of Ben- 
jamin Prescott,'' in confirmation thereof, to invalidate 
the claim of his father to any other lands, than what 
he actually improved, and to invalidate the recordmg 
of that claim by Hilton or Stilton. 

The present claimants derive their title down through 
John Brown, the original grantee, from Somerset and 
Unongoit. It appeared that Jqh it Brown, the father, 
at the time of the execution of the Indian deeds, lived 
at New-Harbor,-^ within the limits of the bourwlaries 
described in those deeds, and remained there until his 
death, and that, on the 8 th day of Aug ust, 1660^ he 

^Deposition of John Pearce, 21i. 
12 The deposition of Jolin Bmv ,i, the snn, cWd. 
o Tiie deposition of BenjamnPi-escot, F L 

-1 John P^c-rce^ depuSiiijn, au— C} iiar. Southwick, ub-— Euth Banifcbv, ac 

3 



18 

conveyed by deed ^ of that date to Sander or Alexan- 
der Gould, and Margaret his wife, about one third of 
the original grant from the Indians to said Brown, and 
which, by the description in the deed, lays about mid- 
way of the twenty-live mile tract, and is said to be 
eight miles square; and the title to this eight miles 
square, thraugh the said Alexander and Margaret 
Gould, and the residue of the claim, through the son 
and grandson of the said John i3rown, the original 
grantee, is said to be traced down to the present claim- 
ants. 

It appears, that about the year 1 720, William Stilton, 
husband of Margaret Gould, who was daughter of the 
aforesaid Sander and Margaret Gould, the grantees of 
John Brown, lived on the granted premises 2 a number of 
years, till killed by the Indians, and that John^^the son of 
John Bro-wn, the original grantee, then lived at New- 
Harbor, and that in 1724 , a survey was made of the 
lands granted to said J ohn Brown the e lder, according 
to the limits and boundaries of the Indian deeds,-! and 
that in 176^ an actual survey was made of the eight 
mile square, which was granted by John Brown the 
elder, to Sander Gould and wife, by order of James 
Noble,^ and the other heirs lived upon it a number of 
years, ^ and that in 1750, or thereabouts, James Noble,o 
claiming under the Brown rights leased part of the 
premises and improved other parts, and that from 1732 
to 1765/ Noble and Vaughan, another claimant under 

1 D cil Br )\\ n to GoiiM and wife, Im. 

2 John Pcarce's deposition, u. 

3 Jonas Jmcs' <lepositi(in, t ; and David Terry's depo. ition, uuu. 

4 Joseph Jones' deposition, u. 

5 Thomas Bodkin's di position, z. 

6 U^posiiion of Caleb Maddox, v — ditto of Elislia Clark, w — ditto of 
Jiimes Forrester, a m — ditto of Arnold VVeathren, a o. 

7 D'pohition of William Ulackstone, x — ditto of Lydia Stanwood, y — 
ditto of Robert Hodi^e, a 1 — ditto of Ichubcul Linscot, a n — ditto of Sarrmcl 
Kennedy, v v v — ditto of John Hitchcock, x x x. 



19 

the Brown rights and those under them, have improv- 
<5d all the lands lying on both sides of the river Dama- 
riscotta and the Fresh Pond, to the head thereof, and 
on the west side of said pond, half way to Sheepscot 
river, and on the easterly side of said pond, as far as 
Pemaquid Fresh Pond ; and no evidence was g;iven to 
the commissioners, that any person interested in the 
claim, has been in actual jiossession, from the year 
1765, to the present time, except that, sundry of the 
settlers had been induced to take deeds under this 
claim. 

Thus it appears, that the instruments before descri 
bed, which purport to be deeds from Indian Sagamores, 
or the individuals of some tribe, form the whole foun- 
dation of both the Brown and Tappan claims. 

Without arresting the attention of your Honors, by 
adverting to questions of minor consideration respect 
ing these instruments, and whether the two first instru- 
ments to Walter Phillips, being only conditions of per- 
sonal obligations to him, that he, his heirs and assigns, 
shall peaceably enjoy and possess the described premi- 
ses, be of equal validity to convey the fee as an actual 
grant, bargain ?nd sale, of the same would be, or 
whether there being no consideration expressed in any 
of the deeds to W. Phillips, and only fifty skins, in that 
to John Brown, be sufficient to avoi(^ them as fraudu- 
lent ; or whether, Walter Phillips, in his first deed to 
Christopher Tappan, has not conveyed the whole, when 
only a moiety was conveyed to him by the Indians ? 
The commissioners think it of more importance to call 
the attention of your honors to the consideration of the 
general question, what validity ought to attach {o any 
deeds from the native Indians to individuals of large 
tracts of territory, which have not h^en formally rati- 
fied and confirmed by sojne act of the Legislature P We 
are unable to say what has been the opinion of the Su 
preme Judicial Court on this question ; but it appears 



20 

hy several acts, made by the colonies of New Plym- 
outh and Massachusetts, to have been the policy of our 
ancestors, from the earliest periods of our history, to 
discourage all such unraiijied contracts and conveyan- 
ces ; and as early as the year 1633, each of said colo- 
nies passed an act forbidding all persons from purcha- 
sing lands of the Indians, wifhoi/f the license aud appro- 
bation of their respecfi-ve General Courts ; and early 
after the charter of William and Mary, in 1692, when 
the whole territory of Acada, from Sagadahoc to the 
St. Croix, was annexed to the province of Massachu- 
setts Bay, to wit, in 1697, by an act entitled, "/?« act 
of limitation for quieting possessions^''' which was passed 
to enable all persons, who had claims at law, to pursue 
their rights against persons in possession, until 1704, 
and to extend the limitation, as to lands lying to the 
eastward of Piscataqua ri^ver, to five years after the 
termination of the war with the Indians, it is provided, 
" That no person or persons^ pretending right or title to 
any lands ^ lying within this province^ purchased of any 
Indian or Indians^ without orderly allowance and con- 
firmation thereof hcd^ according to former laws and 
usage^ of the several colonies of Massachusetts and New 
Plymouth^ and Province of M nne^ respectively, shall 
have or receive any benefit by this act, with reference to 
such laws." Whether this provision in the act was 
intended to extinguish or bar the rights of all claimants 
under unratified Indian deeds, not in possession, within 
the whole extent of the then Province, or was confined 
to such only as lay within the old colonies of New 
Plymouth and Massachusetts, and Province of Maine, 
as far a& Sagadahoc, belongs to the Judiciary to deter- 
mine ; but by these statute provisions, it must be evi- 
dent, that in the estimatioTi of our ancestors, but little 
validity ought to be given to Indian deeds, unaccom- 
panied by some previous allowance, or subsequent ratifi- 
cation of the Legislature : and it is believed, that no 



21 

further auiheritlcity is, at this day, allowed to attach to 
such of them, as are r.ot thus confirmed, than to admit 
them as evidence of a relinquishment, on the part of the 
native, of his right of hunting and fishing within the 
limits described, and of a right of peaceable entry to 
the grantee ; but that tlie extent of his right, in the fee 
of the soil, must depend on the extent of his actual 
possessions and improvement;^, without reference to 
uny boundaries expressed in his deed. 

JBut the claimants under these deeds, produced a Re- 
solve ^ of the Legislature of the late Province of Massa- 
chusetts Bay, passed March 7th, 1700, appointing " a 
committee to receive and examine the claims of all pro- 
prietors of lands, and of such as challenge propriety, 
in any of the lands lying within this prouince, to the 
eastward of the town of Wells, laid waste by the late 
war ; the said committee to Cause publication to be made, 
'of the time and the places, when and where they shall 
appoint to sit, for that end, and to make report of their 
doings unto the next General j^ssembly" — And they 
contend, tliat having caused the Indian deeds to be 
recorded, in a book kept for that purpose, in the Sec- 
retary's Office, a number of years after the passing of 
this Resolve, is tantamount to a legislative allowance 
and confirmation of such deeds. No evidence was 
offered to the commissioners, that the committee ap- 
pointed by that resolve, ever gave any other sanction 
or validity to the claims,th-m tosuffer themto be received 
and recorded, at the request of the parties ; and it did not 
appear that the committee made any report thereof to 
tlie Legislature, or that any subsequent doings of the 
Legislature was ever had upon them. 

Whether the construction given to this Resolve by 
the claimants be correct or not, is not within the 
authority of the commissioners to decide — But they 



22 

take leave to observe, that afterwards, in the year 
1715, the Legislature passed an Act entitled, " An Act 
in addition to the Act of limitation for quieting of pos- 
sessions^''^ respecting lands lying to the eastward of Pis- 
cataqua river, by which it is provided, " that there shall 
be a further time of fiue years, from the last of this 
instant July 1715, allowed all persons to pursue their 
right and claim-, to any houses and lands., in those parts 
and places, and every of ihem, and no longer. — A fid all 
actions and processes, to be thereafter brought for the 
same, are hereby excluded and forcDer debarred. Pro- 
vided always, that there shall be a saving of all public 
lands, belonging to this province, not orderly disposed 
of' No distinction appears to be made, by this statute, 
betvi/een any claims, whether derived from Indian 
deeds, British patents, or mere naked possessipns. 

If the true construction of this statute be, that the 
rights of all ckimants then out of possession, who 
should not, before the last of July 1720, enter into pos- 
session or bring their action against those, who should 
be then in actual possession, should be barred in favor 
of those in possession ; and that to all lands where no 
individual was in possession, the rights of the claim- 
ants not pursued by actual entry or public claim, made 
and acknowledged by the Legislature, within the time 
limited by the Act, were to be extinguished in favor of 
the Province, then it will appear, that the rights under 
the three claims of Browne, Drowne and Tappan, were, 
on the last day of July 1 720, entirely extinguished, as 
the claimants under all of them were then, and for a 
long time before had been out of possession, and none 
of them brought suits or made entry, or even recorded 
their claims in the Secretary's office, until after the 
time limited by that statute had expired. The Brown 
claim, which was the first, not having been entered in 
the Secretary's office, until the 26th of December 1720, 
and the Indian deeds, on which the Tappan claim U 



23 

grounded, not having been entered until January 1730'. 
And the Pemaqiiid patent, on which the Drownc claim 
is founded, not having been entered in the Secretary's 
office at all, and not recorded in the York county Reg- 
istry, until April 1737. 

It appeared in the course of the investigation, that 
tliere were several other deeds and conveyances of 
land, lying within the towns mentioned in the memo- 
rials, or some of them, made by pretended Sagamores, 
one from which the Hathorne claim, (so called) is 
derived, to a part of the town of l-!oothbay ; but as 
these claims were not represented before the commis- 
sioners, and, as was said, are at present obsolete and 
extinct, they did not go into a panicular investigation 
of them. 

It further appeared, that the lands in question were j 
all included within the grant of the crown of England, j 
to the duke of York, in the year 1664 — And that his i 
Lieut. Governor, Col. Dungan, exercised acts of gov- 
ernment over the territory; but as there were no 
claimants under this grant before the commissioners, 
and it was represented, thut no claims under it now 
exist, except the rights of the scitlers, who hold their 
possessions under it, they gave it no further considera- 
tion. 

By reference to the boundaries of the three repre- 
sented claims, and to the plan exhibited among the 
documents, it will appear, that the Brow;i claim coverTi 
most of the town of Bristoly all the towns of r^NoL/ebo I 
rough and Jt'jfv^rson^ and part of the town of Ne-wcas-j^. 
tie; and tiiat the Droivne claim, covers all the town of 
BrisfoU and part of the towns of Nezvcasth ^.tA Noble- 
borough^ and that the Tappan claim, cover a great 
portion of the same lands, with the Brown claim, anc 
that the two Drowne and Tappan claims, partially 
interfere with each other — And that the Brown and 
Tappan claims, also cover all the V^n^.?-, granted l}iy the 



21 

Legislature to the Liiiculii Academy ; lut that no part 
of the lands, within the towns of Edgecomb and Booth- 
bay, fall within the lines of either of the three claims. 
The alarm therefore of the inhabitants of these to wns, 
the commissioners suppose, was excited by an appre- 
hension, that the obsolete claims of those, who mi^ht 
pretend to hold under the grant to the Duke of York, 
or under the obsoletelndian deeds, called the Hathorne 
claim, &c. might be revived against them. 

With respect to the inhabitants of the other towns, 
the agents for the memorialists, as will be seen by re- 
currence to the records of the commission, introduced 
a number of aged witnesses,^ and documents,- in sup- 
port of the allegations contained in their several memo- 
rials. From which it appeared, that the tov;ns ti^en- 
tioned in the memorials are nov/ very generally set- 
tled ', that nearly all the lots are occupied, and have 
been, by the present settlers or their ancestors, or 
grantors, for a great number of years — i hat during 
the former wars with the savages the inhabitants dis- 
played the utmost courage and fortitude in defending 
their exposed frontier, and endured sufferings and 
hardships of the severest nature ; that during the 
struggle for our national independence their exertions 
were arduous and unremitting ; that they paid their 
eontrib tions of taxes with alacrity, and embarked in 
the common cause with vigor and decision ; as an 
instance of this, we beg leave to state, that it appeared 
in evidence, that one quarter part of the able bodied 
male inhabitants of the town of Bristol fell during the 
revolutionary conflict in defence of their country, 
either by land or by sea. During these periods of dif- 
ficulty and danger no claims of proprietors molested 
them ; in the language of the memorial, " the inhabi- 

i Testimony of the Witnesses in ihe CoTnniiosioners" Rcccrds. 
2 The lJjciimeiU3 as on file. 



25 

bnts always bore the burthen and heat of tlie day," 
and they undoubtedly supposed, as a witness remarked, 
that they were defending the soil to enjoy it them- 
selves, and transmit it as their property to their des- 
cendants. 

It appeared in evidence, that in 1729 one Colonel 
Dunbar was sent over, under the real or supposed 
authority of the king of Great Britain, for the purpose 
of settling this part of the country ; under an idea, that 
by the conquest of the couiitry from the French the 
right of soil was vested in the crown to the exclusion 
of the owners prior to the conquest tliereof by the 
French. Accordingly abo ut the year 1730 , he sur- 
veyed and laid out three tracts of land, to which he 
affixed the names of Walpole, Harrington and Tovvns- 
eud — the former situated, partly in the present town of _^-. 
Nobleborough, and partly in Bristol, the second m^^\ 
Bristol, and the third in Boothbay. He laid out the 
plan of a city at Pemaquid point near the ocean, 
surveyed the residue of his towns, and granted them 
to settlers. One witness testifies, and it is corroborated 
by a view of the country, that 150 families were se t- 
tled in these towns, at this e arly period ; many of them 
living on their lands in time of^eace, and repairing 
to the fort for protection in periods of difficulty with 
the French or savages. It appears in evidence, that: 
afterwards S. Waldo, Shem Drowne and Sjr Biby Lake 
petitioned the King and Council for the removal of 
Governor Dunbar; which petition, together with the 
question, to whom the right of soil belonged, after the 
reconquest of the country from the French, were refer- 
red to the attorney and solicitor general, who decided, 
that as the country was not ceded by treaty from the 
French to the English, but was obtained by reconquest, 
the right of soil returned to the former proprietors by 
the Ti/hts of postliminy, and Governor Dunbar was 
accordingly removed, and no provision was made to 
quiet the settlers, who came on under him. 
4 



26 

One grant, made by Dunbar, it appears, was to- 
Denny and M'Cobb, of Townsend, now Boothbay, and 
almost all the inhabitants of that town, it was testified, 
are descendants of the settlers under that grant. 

It further appears in testimony, that brigadier gene- 
ral Waldo, claimed originally on both sides of the 
Muscongus ; is son went to Germany, and issued a 
proclamation for the purpose of inducing settlers to 
come to this country, and locate themselves on his 
lands : a number came, and were settled by him, on 
the western side of Muscongus river, within the terri- 
tory which he then claimed, now in the town of Bris- 
tol. The claim of Waldo was afterwards adjusted with 
the Commonwealth, and his heirs released all the lands 
to the west of Muscongus river ; of course, the release 
included a number of the settlements, which the emi- 
grants from Germany had made. By this arrange- 
ment, they were placed within the present conflicting 
claims ; and the heirs of Waldo, though bound upon 
every principle of justice and good faith, have never 
made them any indemnity whatever. 

It further appears in evidence, that the claimants 
under the Brown^ Tappan and Drowne rights, as well 
as the Plymouth company, have all made conveyances 
of lots of land, situate in the towns mentioned in the 
memorial ; that they have exercised acts of ownership 
over them, and have had regular plans and surveys 
thereof made ; that each class of claimants has repre- 
sented to the settlers, that, unless they purchased under 
their respective claims, they should be sued : and it 
now appears, from the testimony and the certificate of 
the clerk of the court in and for the county of Lincoln, 
that suits under the Brown claim, in the name of 
Koble, and also under the Tappan claim, in the name 
of B. Pickman and als. are pending against several 
persons for the same tract of land. 

It was suggested, that it had been ruled by the Sa- 



27 

|ireme Judicial Court, that no settler had a rlglit to.sel 
up the title of another in his defence, unless he claimed 
under such title ; but this we apprehend to have been 
a mistake, so far as respects actions founded on the 
writ of right ; for we believe, that whoever would enti- 
tle himself to recover under this form of action, must 
shew a title paramount to all others. And as there is 
no mode under the existing laws, to compel the propri- 
etors to settle between themselves, as it respects their 
several titles, the settlers are unable to ascertain the 
paramount title of the conflicting claimants. 

It further appeared in evidence, corroborated also 
by the general appearance of the country, that the set- 
tlements on and about Damariscotty river were at 
least a century old. The inhabitants seem to be quiet, 
enterprising and industrious, attached to the institu- 
tions under which they live, and totally free from any 
disorganizing or disloyal spirit. They ask for reasona- 
ble protection under the laws of their country, and not 
an abolition of them. As a mark of their attention to 
social order and the means of information, we beg 
leave to state, that meeting houses are erected in every t 
town mentioned in the memorial ; that clergymen are "^ 
regularly settled in most of them, and have been for a 
long time past ; and that in the town of Bristol alone 
there are twenty-one school houses, and that town 
raises annually for the support of free schools, the sum 
of two thousand dollars. 

It further appeared in evidence, tliat none of the 



caii^ iiiiiituiLaiiLS eiutfieu upuii iiie&t; laiius wiui aii _^ 

intention of disseizing or trespassing on any proprietor 'y"^^) 
but that, nearly to a man, they hold their estates under A 
deeds of settlement from some one or more of the 
claimants, or from prior settlers. No improper mo- 
tives, on their parts, appear to have actuated them, but 
the variety of interfering grants derived from different 
sources, added to the Uix and vague principles upoii 



28 

which all new countries are seffled, have been the real 
causes of the existing difficulties, and have placed the 
people of these towns in a state of real insecurity, and 
have excited in them just causes of alarm. 

The CoMMTssioNtRS therefore, after fully hearing the 
complain s of the memorialists, are of opinion, that, as 
well from their loyalty, merits and services, as from the 
peculiar circumstances of their situation, they are justly 
entitled to the particular interposition of the fostering 
aid of the Legislature, so far as that aid can be extend- 
ed to them consistently with the rights of other indi- 
viduals. They are sensible, that among the rights of 
the respective claimants is unquestionably that of hav- 
ing the justice and legality of their several cla'mis sep- 
arately decided by trial at law ; but it will be readily 
seen, that the exercise of these riglrts must, as it alrea- 
dy has done, operate very oppressively on these peo- 
ple ; and indeed the claimants themselves, vvlio, it is 
believed, never before had an opportunity of seeing 
aaid examining the extent and evidence of the claims 
of each other, seem to be sensible of this truth, and it 
is pleasing to remark, manifested a disposition to bring 
the existing difficulties to a final close. Under this 
impression, the commissioners did not hesitate to sug- 
gest their wishes to this effect, which resulted in the 
proposition to the Legislature^ accompanying this Re- 
port, under the hands and seals of the different claim- 
ants. By this instrument the claimants propose to 
release atid surrender all their title under their respec- 
tive claims to the Commotiwealth^ and to submit to a 
new board cf Commissioners^ whether they^ or either 
of them-t are now entitled to all, (^f ony part of the 
lands^ described within their respect iue claims t and 
what part j consenting, that the. rights of the settlers 
and those of the Commonwealth^ shall be opposed to 
them in the hearing ; and if they, or either of them, 
shall be found entitled to any part of such lands, tha 



29 

same to he esi'imafi'd as in a state of nature ^ 'without 
reference to ariy iniprovemettt^ and to receive compensa- 
tion for the same in the unlocated lands in. the District 
of Mainey belonging to the Common'wsalth ; which 
will le.ive the Commonvvealth the sole proprietors of 
any interest which may be found to belong to all, or 
any, of tiie present clainiLuits; and to this proposition 
the agents for the memorialists readily guve their con- 
currence, under a conviction, that nothing will be 
required of them by the Commonwealth, but what rea- 
son and justice will demand. 

It may be worthy the consideration of the Legisla- 
ture, that the lands granted by them to the Liiicola 
Academy, are entirely covered by two ^i the^e con- 
flicting claims, and that although by the terms of that 
grant, the Commonwealth are not made respons>i!>le for 
any other claims, yet it may be considered as best 
comporting with the honor and liberality of the govern- 
ment to embrace any o]^portunity that may offer to 
remove any obstacles that may prevent the quiet enjoy- 
ment of their grants, especially when made for the pro- 
motion of public education. The Trustees of this 
Academy think the proposed arrangement will much 
enhance the value of the government's liberality. 

The Commissioners therefore cannot but earnestly 
recommend to the Legislature to meet this proposition 
of the claimants to extmguish their conflicting claims, 
as a measure dictated by that wise policy, which, iri- 
the government of a free country, always seeks the 
preservation of its honor and dignity, and will at all 
tinips make the tranquility and happiness of all its citi^ 
zens the primary objects of its pursuit. They believe 
also, that it would be good policy, in a l^cal as well as 
nalional view, to encourage by jsll just means the speedy 
settlement of the District of Maine, so important a 
frontier of the Union, and they are persuaded, that the 
present len2:th of limitatioii in bar of ths writ of right, 



^0 ; 

operates powerfully to the discouragement of this 1 

object. The neighboring British Colonies of New- , 
Brunswick and Nova-Scotia, as well as some of the 

large States in the Union, to encourage their increase | 

of population, have barred the writ of right after twenty i 

one years ; and the Commissioners recommend that ,; 

period for its limitation in this Commonwealth ; or, if ; 

it should be objected to as unnecessary in Massachu- ' 

setts proper, where the titles to lands are more firmly ; 

settled, they see no objection to the government's legis- i 

lating for the District of Maine separately in this res- \ 

pect, as numerous precedents to that eflfect are to be : 

found in our own statutes under the late Province. ■ 

The Commissioners have been thus particular in de- 
tailing the titles of the claimants, and the merits and . 
complaints of the Memorialists, that the Legislature I 
may at one view discern the nature and causes of the 
existing diificulties, and be able to judge of the proprie- 
ty of applying the remedies recommended, or such j 
others as their wisdom and discretion may dictate. AH \ 
which they have the honor respectfully to submit for ' 
that purpose. ; 

And are your Honors' most obedient and devoted 
servants, 

PEREZ MORTON, 

JON A. SMITH, JuN. yComfnissiofiersc 

THOMAS B. ADAMS, J 

Portland, May 20, 1811. 



I 



DOCUMENTS. 



AGENTS' AUTHORITY— A. s. 

AT a meeting of the Selectmen and Committee!?^ 
appointed by the towns of Bristol, Nobleborough, New- 
castle, Edgecombe and Boothbay, in the county of 
Lincoln, in convention, holden at the dvveUing-house of 
Doctor Josiah Myrick, in said Newcastle, on Monday 
29th day of April, Anno Domini, 1811 — 

Bristol. 

o 77- TT I if Selectmen of Bris= 
bullfvan Hardy, and > , 

William M'Clintock, J 

Aaron Blaney, Willaim Chamberlairii and James 

Drummondijr. Esquires, Committee. 

Nobleborough. 
Ebenezer Flint, one of the Selectmen. The said 
Ebenezer Flint and Milton Goodenow, Esq. Committee. 

Newcastle. 
L„tkerWebb^^^i 1 Selectmen. 

Boothbay. 
John M. WFarland, one of the Selectmen. Wil- 
liam NVCobbi and Danid Rose, Esquires, Committee* 

Edgecombe — None. 

William M'CoBB, Esq. appointed Chairman, unani- 
mously. 

2d. Voted, That a Committee of six be appointed to 
manage the investigation before the Honorable Com- 
missioners appointed by government to examine into- 



32 

the complaints and grievances stated in the late Memo-' 
rial from the af jresaid towns : That the said" Commit- 
tee be instructed, and they are hereby instructed, to 
meet said Commissioners at Wiscassett, where they 
are to hold their first meeting — inviting them in behalf 
of said tonn. to repair lo Doctor Josiah Myrick's, in 
(said) Newcastl; , there to make their principal stand, 
for the investij^ation of the su ject of their commission : 
and als(K that the said Committee invite the said (Com- 
missioners from Newcastle, into the town of Bristol, 
to Pemaquid, and el evvhere, as the said Committee 
may deem requisite — And also that tlie said (."ommiltee 
be instructed, and they are hereby instructed, to take 
"Upon themselves the chief management of said investi- 
gation on the part of the Memorialists : and the said 
Committee are requested to render every civility to the 
said Commissioners which shall in their opinion have 
a tendency to facilitate their investigation. 

3dly. Voted^ That Daniel :<o*e, MiUon Goodenow, 
Aaron Blaney, James Drummond, jr. Daniel Waters, 
and Stephen Parsons, Esquires, compose said Commit- 
tee. 

4thly. Voted, That the summary statement of facts 
drawn up and presented to said meeting, by Milton 
Goodenow, Esq be presented to the said Committee as 
the ground of their statement in behalf of said Memo- 
rialists, before said Commissioners with power to re= 
vise or amend the same. 

5thly. Votedi That the above meethig be adjourned 
without day. 

A true Copy : 

Test, SULLIVAN HARDY, Clerk. 

Newcastle, Monday, 29th April, 1811. 



33 
iJ^ovVER — Lincoln Academy to J. Sfebhins, Esq. 

Newcastle, May 11, 1811. 
AT the semi-annual meeting of the Trustees of the 
Lincoln Academy, voted. That Josiah Stebbins, Esq. 
be an Agent in behalf of this Board, to appear before 
the Commissioners of the Commonwealth, now sitting 
at Wiscasset, and make such statements and represen- 
tations to them as he may think proper, respecting our 
claims to the land granted by the Commonwealth to 
this Academy. 

A true Copy *. 

Attest, KIAH BAYLEY, Sec'ry, 



Pennquid Patent — b. b. 

\ THIS Indenture/ made the pine and twentjeth day ') 
^ of February/ Anno T)0vnwk 1631, and in the seyenth ' 
g^ ye^r^of the rdign^of our SoVcreign^Lord Charles| by ^ 
c^ the grace of"God^ King of England^ Scotland^ Frajice/ c-l 
V' ««d Ireland, defender of the Faith, &c/ ^etweenjhe ^' / 

President and Council, of New^England,^ on the one '- 
"^ partaf Jnd Robert Alfworth and Gyles Elbridge^' of the 
(^ity of Bristol^ merchants, on the other part> Witness- 
i eth/ That whereas our Sovereigns Lord King James/ of ' 
famous memorjtjlate King of England, Scotland/France - 
<y -i and Ireland, by j^is J^ighnesses Letters Patents, and 
d / Royall @raht> vjnder the |^reat SeaLof England/ bear- 
' ing date thejliird day of November,- fn the eighteenth 
yeartof his ^gn,.of England) France and Ireland^ &c> (-j ^ 
for the causes therein expres-sed* did absolutely givey '-^ 
6 ^ - , 



54 

* I 

gr^nt and confirm^; vnto the said President and Coun- j 

cili and their Successors foreVer, ,4ll the land of Newt ^; 

:.; England/ in America/ lying and being from fort je to 

. fort^-eight degrees of^A&rtherlyJatitude/ and in length -S 

by all that breadfh aforesnidy fromliea tb5ea^ through- *f' 

out the^aimlandi-ibgether with all the woods, waters, ; 

/-7^rivers^^oiT|> havens, ^arbors, Islands, and other com- ^ 

modifies/ whatsoeverj^ thereto belongings with divers 

other privil^es/ preheminences/ prolitfe; and timbers, 

byiea and land^is by the said Letters JPaf^nt^'amongsc/"/ 

' other things contemned ^ whereunto due relation being i 

'.* had/ it doth and may appear^Now, this Indenture { 

r witnesseth; That the^ said Presiderit and Councfl- of j 

^) NewyEnglandy by^ .arid authoritjr of the said Let{«fa>i^i 

■■j' Pattent^ and fory and in consideraijiGn that the said 6/ 

<L Robert Al/w^orth and G^les Elbridge; ha-ue and will <^ 

transport^ and doth undertake to^ran'&portjyatjheir oiionJ^ ■ 

'f Qostjand cha^ges,i di-vers persons into NewrEnglafidf and *^ 

' there to erect and build a ^ownf and settle divers inhabi- ' ' 

tants for their own safetjtv better assurance and ad- \ 

vanceme«* of the general plantafion of that f^buntry^*/ - 

and for the furtherance of the said plantation and . 

tncouragemeiit of the said Undertakers / have agreed/ ^ 

c) and doehereby agree/ gr^htp assigni allot-, arid appoint^ 

to the said Robert Al^worth and Gjrles Elbridge/ their-e. 

heirs and assigng^ and every of thenv one hundred acres 

£/ of ground for every fersonp so^ by them, or an^of theftu 

^^^ transported / or that shall now^ or Jiereafter be frans- 

portedj besides diiifits tother priviledgesy libertJQt! and 

Commodities hereafter mentioned t ind ta that intent, ^j 

they haVe ^ran,te(^ allotted,' assigned and confirmed^ ^ : 

i And by thefed pffsentsy do^grant^ allot/ assigmand con- 

firm^tfnto the said Robert Al»vorth and GJles Elbridge// ] 

their iiett#and assign^< and ei^ery of them, idne hundred ] 

se;Uercd acres of ground in NewtEngland/^ for every ')■> 

p»fson fransportedfor to be transported within theipacc \ 

§f^^'Ten yeM-rs next ensuing^ jthat shall abide and cont-i- j 



ilLJ 



there 4hree yeitr^ either at^one or severall times/ or 
i^ -^^m the mean<seasony after heoor they are;Shi])ped,' ' 
Vv 'i" >^^ an Intent there to inhabit^Jhe same lands to be 
"^ taken/ and chosen by them/ or either^ or anjtof themy - 
their deputies or assignsi^ in an^ place adj.acent to the 
said jivvelve thousand acres of land hereafter mcnttoned 
;to be granted^ and not lately granted, settled and 
d^ inhabited by ,anjse?Engrishy and whereftn no. .English 
person or persons are al'readja. placed or settled t ®o- 
ge^her with free libert)p to 'pzh. in and upon the ooaot fe 
4 of New/ICnglandj in all Havens, ^orts, divers jltM ereeksiii 
-\ thereunto belonging/ and not granted to any others / 
y|ind that notpersoj}, or persons/ whatsoever, shall take 
aiij^ benefit^ or lib^fcjStof or to an^? of the said ground^, 
{^xceptiiig the free >dse of higlii.wajjsi by land, and ifevi- 
gable levers j but that the i^iid Robert Alstivorth and 
^\ Gyles ElbridgCj their heirs and assigns, shall have the 
^le .right, and use of the said grounds/ with all their - 
profit&and anpurtenances> ^^jid the said President and '- 
Council do^4^urther/ gra^it^ assigni^ allott and confinn^ 
'^nto the said Robert Alirworth and Gyles EI bridge fthe'iT':^ ] 
he'iYp and assigns^ ^weltieSiomsand acres of la/id morei . 
^ ouerf and abo-ve the ^foresaid propor^on of one hundred 
c^ the person/ for euery persondiransported/ or to bejrans- 
^ ported <is ^foresaid/, as his/ or theiry and every of their 
proper inheritance forever-i^The same land to be y 
bounded, Chosen, taken and laid out ne&r^ the .^iver 
^omMonly called or kno'iv/k.by the name of FcmicpiidJ or 'r 
by what other name or tiames the same is or Jm'iicT>efhp or ' 
hereafter shal\ be called or knoix'njjy^ and next aclj^o^n- 
ing to tlife* place, where the people or servants of the 
said Robert Al^worth and Gyles Elbridge are now set- 
9- /led, or have inhabited for the space of ^hree years last , 
,i pasty and the same to be^hpsen together^ and not strag-^ 
ling% both along tlie ke-A. Goasty ^as the 0)ast Ijfeth, and 
so^upf^the k'iver, as fan'as may contaimthe said-isvelve 
Iilho"]^sand acres* within the said bredth and length /Jo- " 



'// 



36 

^ether with the said hundred acres for every person by ' 
them the said Robert Al/worth and Gyles Elbridge to 
'he transported as aforesaid/ Jog^ther also^wifh all the 
^ glands mmijf^lef^'wifktn the Ijmit^ next adjoym'ng the 
d\^ said land) butting within the Ijftnittj aforesaid/ ahree i 
&/ leagues into the main ocean ^^ddiog and paying vnto \ 
our Sov0^aign{Lord the l^n'gy Ins he^i^^^ awklSiccessorsv i^ • 
f^ne 'fifth parti of all the gojd and silver ^ap^o be found j 
\ or had in/ and on the premises/ or any parti thereof/ '^ ; 
and one otherffifth part of the same to the said Presi- 
dent and Councfll aforesaid; and their-kiccessors for 
ever-#-and also^. yielding and paying to the said Presi- 
dent and Coun(41t in the name of all other rents^ ser> ,X. 
vices/ dut$i^;and demands whatsoever^- for every hun- \ 
dred acres of Arable lands so obtained' by the said Rob- 
ert Al^vorth and Gyles Elbridget/ their heirsji^and 
assignSj^ and every or any of then^f 4nd by those said ^ 
other !^j|irson or p^jrsons, their hei^'s^ and assigns/ Jthe '^ 
yearly rent of twoeshillings of lawful money of Eng- i 
land/dt the ;^east of Sl Michael- the 4rchangeU.io the ' l\ 
liands of the !^ent gatherer of the said President and ; 
Council^, and their .^uccessor^ forever(when it shall be j 
by him the said lent gatherer lawfully demanded^The 
first payment to begin after the expira^bn of the -^rst ] 
<S4ven yeai^s next after the date hereof-^nd it shall ! 
and may belawful^for the saidVindertakers and«plant- -J 
ers, theire-heirfiJ and>iiuccessors/ i/freely toNcruclv> 4rade 
:^ and^raffi^in all lawfulfcomjj^odities,with the Salvages 
ci in any parteof ]^w#England/ or neighboring therea- i 
I J boutey at/ their w^ills anH pleasures/ without lett/ or dis-4 ^ 
turbance,»as also to have liberty to hunt^ hawlvj-fish or I 
ifowl^in any place or places whatsoever^ now^ or here- ' 
after, by any English Jnhabited?T-»- And the said Presi- \ 
dent and Council?doth ^venanty and promise to, and j 
vi'itji the said Robert Ala^worth and Gyles Elbridge,,' I 
' ,' their heirfijand assigned and every of them^' and others, ' 
'1 the person or persons as aforesaid^ his and their heiril^ 



37 

and assign^ -wridfliat their^enants or servants shall not 
be taken irom their own^4mplo)fm8nts, by any Gover- 
nor or other there to be established^ but oii]y for the ' 
publitpdefence of those 6ibuntr^s, or suppression of 
j^ebeliion, (^iotiipr Jouts, or other unlawful!. assembl^fei 
And further it is Cfovenanted uj)pn lawful suiT^y to be 
4 h*ac!y and made at[ the fi'har^e of the said ^Undertakers 
and planters, and la%vfid Information given of the 
houndsl meets and quaniiti^jof the lands soi, as aforesaid/ ^j 
to be^)y them ['hosen, and possessed 'pSfiey the^ ^qi^JPr.esi- 
dent and Councii{ upon $urjrender of this present grants <-^ 

^Jj^j-tatuV ^tikcri^mioe ^ ana upon reasonable request made by the 
said Robert Alt^orth and Gjles Elbridgef their heir&j 
or assign^or any of thetn^ wjtJiinSeven yeeir&Anorv ?iext 
coiiungj shall and will by their deed^Tndented^ andVnder ^' 
theii-^L^mmoii ^al%, gra*?it^,enfeoJpMnd cofifirm~jt(ll and 

^ every of the said lands setfout-, and bounded as afore- 
saidf to the said Robert Aliivorth and Gpes Eibridge^ 
and their associates j and such as Gbntractcwith themy 
their heirsPiiiid assign^ in as large and benefii^ialt man- 
ner as the same are in thei^ presents granted/ or 
intended to be granted/ or hereafter to be granted/ to 
all intents and purposes/ with all and every p^t'ticulir 
priviledgeiand freedomis reservations and condiSons/ ^ ^ 
with^^ll dependetey*^ herein specified and granted J d<x-t^tju J 
^nd shall also attany time within the saidiernivof ^ven . >^ , ^ 
yeai^ uppn request Unto the;^resident and Couaca^" 
made, grant. Wnto them the said Robert Alaworth and 
Gyles Elbridge^' their heiraii^'and assigns^,' letters and 
grants of Jncorporafionv by some usualiand iitifnarne 
an^ title/ with libj^t^t to them and their successo'jSr 
from tJme to tjme/ to make orders,%faws, ^ordinances, 
and constitec(33C»nsy for the ruley government^ ordering, 
and directing of ail persons to bajransported/ and set- 
/led upon the lands hereby granted/ intended to be 
granted, or hereafter to be granted^ ySnd of the said 
lands/ and profit^ thereby arising,^iid in the meanet^ime 



S8 i 

^ until/ such grant be made, it shall be lawfuU for the i 
said Robert Alffworth and G^les Elbridge/ their heir*--^ 
and assigns^ from time to time, to establish such lawr^ 
and ordinances^ as are for the better ^overnmeiit of '. 
the said persons soc/ransportedy and the same by such j 
officer or ofl^cers^ as they shall by niost voices elect, j 
and cboo.ve to pntf in execution lAnd'that^'it shall be 
lawful; for the said Robert Al^vorth and G^les El- j 
bridge/ their heirs p'^ ': assigns^or either or any of theny i 
from time to tyiuef and at all t)tii\es hereafters for their j 
severaU defence and safety^ to encountery exputse^' ex- 
peli fortif|i?, defendy and resist by force of/tirm^jf as well ' 
by )Sea as by land, and by all wajfefejand meanshvhatso- ] 
every and to take^^ apprehend,' seize and make prize ofy j 
to their owiruse, and behooff 4ll such pi^rson ar.fi p^r- ' 
sons, theirShips and goods, as without the «pecialUicense ■ 
of the said President and Council and theiuJBuccessorsy - 
or the great part- of them, shall attempt to inhabit or i 
;.trade with anjc of the lavage people of that ^ountr_9y 
^vithin the several! precincts or Umiti of their said J)lan- , 
ta(|djj,^r shalj enterprize^' or attempt at an^ tjme here- i 
aftery dtstruciton^ inva»on^ or annoyance to the said i 
jf)lantaUon i^'knd further/ that it shall be lawful to and : 
for the said Robert Aliworth and Gyles Elbridge; their 1 
heirs and assigns, or either,- or ar,y of them^ from t>me ] 
to ti-me, tolTransport and carry such powder, "shot?, pro- j 
visioii and Jrdenances/ _as shall be necessar^ for their i 
defence I, -^nd fiirther,>that the said Roberi Aldworth '■ 
and G^les Elbrzdge^sJiaU not any time hereafter alien)^ i 
thei^ premises J o/^. any partiiliereof^ to' any forsigJi Ha- - 
tionsj or to anypptrson or plrsons 'iihatsoeueri without , 
ihs;yice7isef consent arid agreems^it' of the said President : 
- and QoujiciHj^ind their^uccessors and assigns^ ^xcept it ■ 
0/t*t«<s^^ be to their oivn.ienants or undertakers, belonging to the • 
saidjouinf by them to be erected as aforesaid^ uppii pain^-> 
of forfeit!/ re of the said ^and so Aliened, Jo the i/se of 
the said President and Coi/ncif*agai/ii^Aud further ' 



Uru^ 



Li, oIpiMiLpM. 4uM iLi 4au^ Jzit^ '^dad^j ^^ 









^ 




59 

know yQ.x] that the said President and Council have? 
madey constituted/ deputed; Authorised and appointed, 
and ill their stetoaud place, doe^put CaptaimAValter 
Neale, and Richard Vines,gentl©*ft»^ or in his or their 
absence^ to an^person that shall be their^Governory or 
other Officer/ to the said President and Counci^( to be 
their true and lawful' Attorney or -Attorneys, and in their 
name and ste^Jde to enter the saidt^orfc^n of land, and 
other the premises, with their appi|i)rteD^nc^sy or into 
some (^art thereof/ in the name of the whole sa had/ 
and takeri^or them, and in their names to deliver the 
full and peaceable possession/ and seizen of all and sin- 
gular the said granted premises^ Vnto the said Robert: 
Ali^vvorth and G^les Elbridgey or to their certain,4ttor- 
ney or attorneys/ 'ft»4 in that behalf according to th© 
true intent;; and meaning of thei^ p)r^sentsy Ratifying, 
allowingand confirming all, and whatsoever their said 
Attorney or^ttorneysjf shall do^in or about the pi?^misef^ 
by thej0 pyjpsents. IiTMvitness_ whereof, the Pi'esideni: 
and Councy'^'<i;o the oiTFpirrT of these p/gsent Indentures 
have set their i^al^ and to the other part thereof the 
said Robert Aldvvortli and G^les Klbridge have sett / ^ /. 
their hands and seals. Given the day and yean^bove P'*-^V 
\v«tt^i. * C 

R. WARWICK, /"""^ FEED. g/oRGE, n 
Wifnes^^ to the dc- / ^ Mdm : Thafpossession of 

livery of the said . i all the lands confined in 'ii*; 

possession. ^***— ..•^ this patent ijaas delii>ered ■'' 

THOMAS CAMMOCKi ^y ^ne, Walter Neale, to 
U^ CHRISTOaB ARKHHtor AbrahamShurte^ to the use 
---GEORGE NEWMAN, of RohertVlliworth and 
WILLIAM Hi)OKE, ' GilesElhridgegynerchants, 

ROBERT KNIGHT, of the city ofBrisfoJithis 

' 27 th of May, A?DhlWii. 
WA: NEALE. 

- Jl true Capii from the original, recdvrd Aiiril 2d, 1737. 

Attest, JEREMIAH MOULTON, Reg'r. 

A true Cuiiy from the York County Rf cords, Lid. 18, Folio 1 1 :_, 
lis, lU. Attest, DANIEL MOULTON, i^e^V, 

3 diJl^sSic^ - 



40 
Abraham Shurfs Deposition — c. C. 

The Deposition of Abi:almm Shurt, aged fourscore 
years, or thereabouts, saAh — 

That in the year 1 63d, Alderman Alsworth and Mr. 

' Gyles Elbridge of Bristol, merchants, sent over this 
Deponent, for their Agent, and gave pov/er to him to 
buy Monhegan, which then belonged to Mr. Abraham 
Jennings of Plimouth, who they understood was wil- 
ling to sell it ; and having conference with his agent, 
about the price thereof; agreed to fifty pounds, and 
the patent to be delivered up ; and gave him a bill up- 
on Alderman Alsworth ; which bill being presented, 
was paid, as the aforesaid wrote me. The Deponent 
further saith, that about the year 1629, was sent over 
unto him by the aforenamed Alderman Alav/orth, and 
Mr. Elbridge a patent granted by the Patentees, for 

' twelve thousand acres of land at Pemaquid, with ail 
islands, islets adjacent, within three leagues ; and for 
the delivery was appointed Capt. Walter Neale, who 
gave me possession thereof ; and bounded the twelve 
thousand acres for the use above named, from the head 
of the river of Damariscotta, to the head of the river of 
Muscongus, and between it, to the sea. Moreover it 
was granted by the same patent ; that every servant, 
that they, Alderman Alsworth and Mr. Elbridge did 
send over, one hundred acres of land, and to every one 
there born fifty acres of land, for the term of the first 
seven years ; and to be added to the former twelve 
thousand acres — Likewise this Deponent saith, That 

',Damarisc0ve was included, and belonging to Pema- 
j^A 'quid ; it being an inland, scituate, and lying within 
"^ -*- (three leagues of Pemaquid point ; and some years after - 
Mr. Thomas Elbridge coming to Pemaquid, to whom 
the patent by possession did belong, and appertain, 
called a Court, unto which divers of the then inhabi- 
tants of Monhegan and Damariscove repaired, and 



ai&v i^i6 ^ ^^ *^- 



41 

continued their fishing, paying a certain acknowledg- 
ment — and further saith not. 

Sworn the 25th December, 1662, by Abraham Shurt, 
Before me, RICHARD KUSSELL, Magistrate. 
Boston, Murch 28, 1744, recorded in the Secretary's 
Office, in the Book of Patents, foho 169. 

J. WILLARD, Sec'y. 
A true copy of the original rec'd, Oct. 28, 1744. 

Attest, DANl. MOULTON, Regr. 

A true copy from York County Records of Deeds, &c. 
Attest, Dx\Nl. MOULTON, Regr. 

Lib. 24, folio, 256. 



Thomas TLlhridge's Deed to Paul White — e. e. 

THIS Indenture made the first day of February, in 
the year of our Lord God one thousand six hundred 
fifty and one ; between '^fhomas^Llbridge of Pema- 
quid, merchant, of the one part, and Capt. Paul White 
of the other part,witnesseth — That the said i homasEil- 
bridge for and in consideration of the sum of two hun- 
dred pounds of lawful money of Nevv-Eiigland, to him 
at, and before then sealing, and delivery of these pres- 
ents, by the said Paul White, well and truly paid 
whereof; and wherewith he the said Thomas Llbridge 
doth acknowledge himself fully satisfied, contented, 
and paid, and thereof and of every part thereof doth 
release, acquit, and discharge the said Paul White, his 
heirs, Executors, and Administrators, and every of 
them by these presents ; hath given, granted, bargain- 
ed, sold, enfeoffed, and confirmed ; and by these pres- 
ents doth for him, and his heirs, clearly and absolutely, 
give, grant, bargain, sell, enfeoffs, and confirm to the 
said Paul White, his heirs, and assigns, all the one 
moiety, or half, and deal part of the patent, and plan- 
tation of Pemequid, with the moiety, and half, and 
6 



42 

deal of all what household stuff, cattle, or any olher 
thing at present belonging to the said plantation, with 
the moiety of all the marshes, woods, underwoods, 
lands, fishings, fowlings, and what title, right, or inter- 
est soever belongeth to the said Thomas Elbridge, and 
now in his tenure, occupation, and mannrance, or in 
any of his tenants or under servants, and the moiety of 
the reversion and reversions, remainder and remain- 
der rs of all, and singular the said premises, and all rents, 
dutys, and services, reserved, due, or payable upon, or 
by reason of any grant, or demise, granted or demised 
of the said premises, or any part or parts thereof, and 
all deeds, evidences, and counterparts of leases, wri- 
tings and minuments whatsoever, concerning the said 
premises, or any part thereof, to have, and to hold all 
the moiety of the said patent, and land, with all the 
moiety of the said rented premises, with their appurte- 
nances, unto the said Paul White, his heirs and assigns 
forever, to the only use and behoof of the said Paul 
White, his heirs and assigns forevermore ; and the said 
Thomas Elbridge, for himself, his heirs, executors and 
administrators, and for every of them, doth covenant 
and grant to and with the said Paul White, his heirs 
and assigns, by these presents ; that he the said Thomas 
Elbridge is sole seized of the said of the premises, and 
of every part thereof in fee simple of a lawful and ab- 
solute estate, without any condition or limitation what- 
soever ; and shall stand, and be so seized thereof untill 
an estate of, and in the same be lawfully executed 
unto the said Paul White, his heirs and assigns, and 
and also that the said Thomas Elbridge hath lawful 
and absolute power to give, grant, bargain and assure, 
or sell the said premises, or every or any part thereof, 
to the said Paul White, his heirs and assigns ; and that 
the said Thomas Elbridge, his heirs, executors, or ad- 
ministrators, shall from lime to time, and at all times 
forever hereafter acquit and discharge, or otherwise 



43 

save, and keep harmless, and indemnifie, as well the 
said Paul White, his heirs, undertaker^s and assigns, 
and every of them, and all and singular the said premi- 
ses, and from and concerning all other bargains, sales, 
joyntures, dowers, titles of dower, rents, arrearages of 
rents, and of the staple, exec, judgments, extents, 
forfeitures, charges, titles, troubles, incumbrances and 
demands whatsoever, had made, done, or committed, 
or unwillingly suffeM-ed by the said Thomas Eibridge, 
or by his heirs, or by any person or persons whatso- 
ever ; the moiety of the rents, customs and services 
from henceforth, to become due to the said Paul 
White, and that the said Paul White, his heirs, under- 
tenants and assigns, and every of them from tim.e to 
time, and at all time^ hereafter, have, hold, occupy, 
possess and enjoy all and singular the said premises, 
without any eviction, disturbance, impediment, or 
demand of, or by the said Thomas Eibridge, 
his heirs, of or by any person or persons whatso- 
ever — And moreover the said Thomas Eibridge, his 
heirs and assigns, shall and will from time to time, and 
at all times hereafter, at and upon every reasonable 
request, and at the cost and charges in the law of the 
said Paul White, his heirs or assigns, do make, ac- 
knowledge and execute, and suffer to be had,, made, 
done or erected, all and every such further and lawful 
and reasonable act and acts, thing and things whatso- 
ever, as by the said Paul White, his heirs or assigns, 
or by his or their council learned in the law, shall be 
reasonably advised or devised, for the further, better, 
more sure and absolute conveyance, and assurance of 
all and singular the said premises, and of every or any 
part thereof, to the said Paul White, his heirs and 
assigns, to the only use and behoof of the said Paul 
White, his heirs and assigns, be it by fine or fines, proc- 
lamations, recovery or recoverys, with voucher or 
vouchers, deeds involved or not involved, releases, 



44 

confirmations, with warrantee or warrantees, of the 
said Thomas Elbridge, and his heirs, against all people 
whatsoever; and the said Thomas Elbridge, and his 
heirs, the said premises and every part thereof to the 
said Paul White, his heirs and assigns, against all peo- 
ple, shall and will warrant and defend these presents. 
Moreover the said Thomas Elbridge doth by these 
presents, constitute and ordain, and in his. place, stead, 
put his trusty and well beloved Mr. Henry Jocelyn and 
Mr. Robert Jordan, his true and lawful attorneys, for 
him and in his name, and in his stead, jointly and sev- 
erally, into the said premises, or into some part thereof, 
and possession to take, and after possession and seizure 
thereof so had and taken ; the same to deliver over 
unto the said Paul White, to have and to hold to him 
and his heirs, according to the purport, effect, and true 
meaning of these presents. In witness whereof, the 
said parties to these present indentures, their several 
hands and seals, interchangeably, have put thereon 
the day and year above written, Anno Domini, 165^. 
THOMAS ELBRIDGE, (a seal.) ' 

This was acknowledged, before me, this 3 of the 
7 E.^- 1657. SIMON WILL ARD. 

THOMAS ELDRIDGE. 

2 B. P. -7-2. This acknowledgment recorded bth Sept, 
1657. p. EDW : RAWSON, Recorder, 

According to the true intent of the above premises, 
we Henry Jocelyn, and Robert Jordan have given, 
seizen, and possession unto Captain Paul White, this 
present first day of February, 1651. In testimony we 
subscribe Henry Jocelyn, 



Robert Jordan. 



Signed, sealed and delivered 
in presence of lis, uiz : 
Arthur Macworth. 
Fr. Lister. 



45 

Entered and recorded this \th of October^ 16 ')4, 

p. Edward Ravvsox, Recorder. 
Entered and recorded at Cambridge^ in the Massachu- 
setts Bay, June 26, 1657, Lib. 2, Folio 23. 

Attest, Thomas Danforth, Recorder. 

j4 true Copy of the original, received April 2, 1.737, 

Attest, Jer. Moulton, Register. 

A true Copy from York County Records for Deeds, 
^c.Lib. IS, Folio 117. 

Attest, Daniel. Moulton, Register. 



Deed, Paul White to Russell and Davison — f. f. 

MEMORANDUM. The twenty-seventh clay of 
April, one thousand six hundred fifty and three : That; 
I tiie within named Paul White, for and in considera- 
tion of the sum of one liuiidred and fifty pounds ster- 
ling, to me the said Paul White in hand paid by Mr. 
Richard Russell and Mr. Nicholas Davison, of Chark-s- 
town, merchaiit, the receipt whereof I do acknowledge 
by these presents, and do thereof, and every part tliere- 
of, exonerate, acquit aud discharge the said Richard 
Russell, and Nicholas Davison, their heirs, executors, 
and administrators, and every of them forever by tiiese 
presents; have given, granted, bargained, sold, assign- 
ed, and set over, and by these presents do give, grant, 
bargain, sell, assign, and make over unto the said Rich- 
ard. Russell and Nicholas Davison, their heirs and as- 
signs forever, all mine whole estate unto the within 
mentioned pattent, lands, goods and premises, vvifh all 
and singular their priviledges and appurtenances what- 
soever, and all my first title, interest, claim and de- 
mand of, and into the same or ia any part thercofj 



46 

with the moiety or one half of six oxen, ©ne steer and 
one bull, six cows, one heifer, four yearlings, live 
calv3s, certain swine and four great guns, and all my 
right, title, interest of, and into the said goods and cat- 
tle, with their increase from time to time, to have and 
hold the estate unto the said pattent lands, goods and 
premises, with their priviledges and appurtenances what- 
ever, with the moiety, or half of the forementioned 
goods, and cattle, and their increase from time to time, 
unto the said Richard Russell and Nicholas Davison? 
their heirs and assigns, forever, and to the only proper 
use and behoof of the said Richard Russdl and Nicho- 
las Davison, their heirs and assigns, forever ; and I the 
said Paul VVhite, for me, my heirs, executors and ad- 
ministrators, do covenant, promise and grant by these 
presents to and with the said Richard Russell and 
Nicholas Davison, their heirs and assigns, that all 
the said bargained premises, with their appurtenances, 
are free and clear, and freely and clearly acquitted, 
and discharged of all former bargains, sales, gifts, 
grants, titles, mortgages, actions, suits, dowrys, judg- 
ments, executions, extents and incumbrances, whatso- 
ever, from the world's beginning until the day of the 
date hereof: and the said Paul White do hereby cove- 
nant, promise, and grant to warrant, acquit and defend 
the said bargained premises, v/ith their appurtenances 
and every of them, int > ih-' said Richard Russell and 
Nich das i)avison, their heirs and assigns, against all 
people claiming any right, title or interest of, and into 
the same for ever more by these presents. In witness 
whereof, I the ^aid Paul White have hereunto set my 
hand and seal, the day and year above said. 

ins 
PAUL WHITE, (sEAf..) 

li,IARK. 



47 

Sealed and delivered in presence of us, 
Nathaniel Sowther, Notary Public^ 
Francfs Norton, ') 
Samuel, Browne, > Witnesses. 
Richard Sprague, ) 

Acknowledged the '2Stk of the 2i Month, 1653, before 
me, ENCREASE HOWELL. 

Entered and recorded ^ta October, 1654, 

p. EDW. RAWSON, Recorder. 
Entered and recorded at Cambridge, in the Massa- 
chusetts Bay, June 26, 1657, /// the secojid Book of Rec- 
ords of lands and hereditaments. Folio 26, as 

Attest, THOMAS DANFORTH, Recorder. 
A true Copy of the original rec'd April 2, 1737, 

Attest, JER : MOULTON, Register. 

A true Copy from York County Records for dceds^ 
isfc.Lib. 18, Folio 117, 118, 

Attest, DANIEL MOULTON, Register. 



Deed, Richard Russell to N. Davison — g. g. 

KNOW all men by these presents, that I Richard 
Russell, of Charlestown, in New-England, merchant, 
for and in consideration of the like value to me in hand 
paid, do give, grant, bargain and sell unto Nicholas 
Davison, of the same town, merchant, all my right, 
title and interest to one fourth part of the pattent of 
Pemaquid, with all and singular priviledges and appur- 
tenances thereto belonging, with my interest of cattle 
and other moveable, as more at large expressed in a 
deed of sale under Paul White's hand and seal, bearing 
date the twenty-seventh day of April, one thousand 
lix hundred fifty and three, appears whereing I the 



said Richard Russell and Nicholas Davison are interest- 
ed, one moiety of the said pattent lands and goods, 
and hereby do acknowledge to have sold and deliver 
my interest in the moiety of the moiety of the same to 
Nicholas Davison aforesaid, his litirs, executors, ad- 
ministrators or assigns, forever, as witness my hand 
and seal. Dated this twenty-one of July, one thousand 
six hundred fifty and seven, 1657, per me, 

RICHARD RUSSELL, (seal.) 
Signed-, sealed a?id deli-vered 
in ihe prescfice of us 
Thomas J^lbridge, 
Richard Jiongkr. 
I Mary Russell, wife of Richard Russell, of Charles- 
town, do give, grant, and assign over all my right to 
the thirds of the moiety of a moiety, or to say one 
quarter of the pattent lands of Pemaquid sold by my 
said husband unto Nicholas Davison, his heirs and as- 
signs, and disclaim all my interest therein forever, as 
witness my hand this 2ist of July, 1657, 

MARY RUSSELL. 
Signed and deliruered in the presence of 
Thomas Elbridge. 
This was acknowledged before me the : 3 e of e 7 E 
no 1657. by the this concerned y reiii, 

SIMOlsf 'WILLARD. 
p : 50, b. 3, entered and recorded 5 F'^h. 

/)tr EDWARD RANVSON, Becor. 
A true Copy of the original^ rcc'd April 6, 1737, 
Attest, JER. MOULTON, RegW. 

A true Copy from York County Records for deeds- 
^c.Lib. \S, Folio \\», 

Attest, DANIEL MOULTON, Reg'r. 



49 
Deed, Elbridge to Davison — li. li. 

TQLaU Christian people to whom<these pff sents shall 
corTrF,"T 'ho'i:rias"1Elbnd,tTe, second soa'^tb Giles K lhridge/^ ^^j ^ . 
•^te of the cit(y of Bristol, in old England/,-, and execu-^'^^' ■"''■' 
tor to the las t will and testament of John Elbridge, late 
son^!^a nd heir:to the said Gile s^ Elbrid^e ^ sendeth greet- 
ina: ^Whereas my l ate brotherJohn Elbrid2;qj by his 
last will and4a*t testament/ bearing date the eleventh 
day of Septembe r^in the yeartof our I.qrd one thousand . ^ 
six^Aundred forty and sjj ^ did devise^give^nd bequeatli ^^^V 
unto me the said Thomas Elbridgey my heirs;and>^s- 
signgJforeVer^ ,^11 that tract and Continent of land of 
twelve thousand acresv be it more or lessv which the 
President and Councilt' by theii'Cdeeds.of feofment^ 
bearing date the twent y-ninth of yebruaryy one though 
and si xAundre d_aiidT[iTF ty and one y did sell, bargained 
for/ enfeoffeyiilien alid demise Vnto m y anc estorjRob.- 
ert Ald^worthy and ^ Giles Elbridge^ of the citfy^ of Bris- 
tol^ merchant^ their heirs'^nd/fissignSi^orever^ all that 
tract and (Continent of land above men«oned^ lyiiig 
and being in New/England^ vvTthin the Continent of 
5i#etlsaAmerica^ W4fek' all the tights> jjriviledges anfV;ftp- 
parfenancesy to the s^id ^rant belonging.^ or in ,'^ny 
wise appertaining/ these presents being endorsed on a 
true ^opjt thereof, as is^ttested by a'publiciiotar3ry and 
^herein more at large is sett out/ manifested and de- 
claredi^'ind whereas,) the said Thomas Elbridge /^n 
Consideration of one hundred pounds to me in liand 
pajfd/ did by way of mortgage/ j^ive, ^rant,, sell^Vlnto - - 
Richard Russell/ of CharlesSown/ in" NeWr'England/ 
merchant^ two felands/ ^ one called Dam ijiii ii nnixr Lj.^- 



. true I 
t jl^her 



CoVe^ and the other M onhigg^n, lying nedr^b Pem^ ^^«t 

-^t^t ct,quid, as in the sai(d deed bearing date tke- 5th of No- 

^<yember/one thousand six-hundred and fifty/ more /aim- ^ 

plyiippeareth, ,^s also by my deed/ bearing date the •] 

fi^ of -February/ one thousand six>chundred a«i44%^#^ 



50 

one* In 6bn3iderat4oii of two hundred pounds to me in 
hand paid by Captaiii/Paul White, did4bsolutely^ive, 
Jrant, bargain, \sell, enfeoffe and icbnfirm ^nto the said 
, Paul White/ his heirs/and 4ssignSv' all the one paojij^y 

*? and half, and deal part of my ;^atlent and 'planta«on of 
Penjaquidy wj:th the mo^ty and half- ^nd deal of all 1 
v"y the hollsehold stuffy catjfle^^ or any other thing then be- 
longing to the said(J)lanta6on^ wfth the moWt^ of all 
the marshesy woods/ underwoods* lands/ fishings, fowl- 
ings, biS-reference thereto being hady more Amply ,4p- 
peareth/ on the backside of which deed of mine to the 
safd Paul White^ ^lie said Paul White Aiath ^iven»/ 
^rantedi .iold and,4ssigned \into Richard Russell and 
TNlicholas Da\'ison^ theirs heir^ndAssi^n3 3forfel('erjJ all 
his whole estate in the (patient land^,i ^oods ^andsprem- 
ises in that deed of mine to hjm Jaid PaulJ' wftiefe before 
ment&ined as on the same endorsed^ bearing date tb^- 
twenty-seventh of April; sixte^ne- nundred fifty and 

-'" ' three, more 4mply4p^eareth,V^nd whereas I the said 

ThoniJis Elbridge/m fconsidera^on of the lOm^of eighty 
five pounds/ to me in hand paid by Nicholas Davison/ 
of Charle^own afbres^d^' by my deed of sale^ bearing 
date the fourteenth of Aprilt sixteen- hundred fi^ty and 
seven^ do cleftrly and y^bsolutely give,* grants bargain/^ 
selly enfeoffe and ^onfirm^ \((nto him the sajd Nicholas 
Davisonv his heir^-^ and assigni'forevery all the whole 
remaining moiety and half and dfiil part, of my patfent 
and 'iDlanta,^i^h of Pemaquid^' with the moiety or half-<^->: 

/^cli. <- andrfideal of all the marshe^ woods/underwoods^ landsy 
fishings/ fowlings and all other liberties/ ^riviledges 
and /'appurtenances then in my ^possession thereunto 
belonging, or iu/Any wise /appertaining,' as in the said 
deedr reference^theretOvbeing had Amply ,iappeareth. 

Now know all meji, that I the said Thomas El - 
bridge, he,retofore o f Bristol( no w of^^einaqmd^ in 
NewfEnglaiid/ merchanty as vvelinTn performance of 
the true Intent andjlieaning of my former grants 1i/nt9 



51 

the above mentioned Richard Russell and Captain Paul 
, Whitey as for divers other good causes and ^nsidera- 
^ #ons me thereunto moving, ^ave granted ^ ^Surrender- 
ed/, ^emisedy Released and quit claimed/ 4nd by these 
presents/ for me/^y heir^ executors and administra- 
tors/ do hereby ^rant^ Surrender/ rem^e^release, and 
for ever quit*cl^j'm>for meJ my heirs/and assigns^ to the 
said Nicholas Davisouv his heirs.and assigns, to whom 
I have ^iven full and peaceable possession; all my es- 
tate/ right/ title/ Interest/ possession/ entry/ dower and 
demand w^hatsoever which I ever had/ now haVey or 
Hereafter might or fcould haVey or clajm ofy in^ and to 
all the above described/ demised premises/ wj|^h their 
and every of their*. libertjesy priviledges and/4ippurte- 
iiances to the said Nichol'as Davison/ his heirs and As- 
signsdforever,' ^ as neither I the said Thomas Elbridgey 
my heirsrVexecutors, or Assigns, or any other for me or 
in my name, shall or may at Jny time hereaftery have^ 
challenge or demand,? any estate/ right/ titley jnterest, 
possession^ entry^ dower or demand of) in or to the 
same above described demised premises/ or any part 
thereof, but of and from all estate, right, title, interes!;^ 
possession/ entry/ dovver^ /ore¥ef' hereafter be barred 
and excluded by the^se presents. In witness whereof, I 
the said above mentioned Thomas Elbridge have here- 
unto setf my hand and seal, thi*s third day of Septem- 
ber, 1657. THOMAS ELBRIDGE. 

Signed-, sealed and delivered 
in presence of 
Richard RusseLl. ^^-br-.-ffh^-k^eeck^sr--^'^^^^^ 



Hi 






52 
"Nicholas Davison's Will — k. k. 

Charlesioivn., ye 26 of March 1655. 
IN the name of God, Amen. These presents are to 
testify and declare to all whomsoever that it may con- 
cern, that I Nicholas Davison, of Charlestown, in New- 
England, mariner, being nov y bound to sea in the ship 
Trade's Incre ase, Christopher ClarTFTlnaster, to the 
island of Barbadoes, and from thencejo^ngland, Ire- 
land, or to any other part or place, or hither to New- 
England again, the Lord (in whose hands all is) per- 
mitting me, and not knowing how the Lord in his all 
sjiiiding wise Providence, may dispose of me to life or 
death in those voyages and undertakings, in whose 
hands my life and all I have is, and if it should be his 
good pleasure to dispose of me, to death of my body, I 
implore his grace, out of his infinite mercy in Christ 
Jesus, to receive my soul into glory with himself, and 
for my temporal estate, this I declare to be my will and 
testament; that a true valuation be taken thereof by 
men appointed to prize the same, and that my debts be 
in the first place paid out of the estate so valued, and 
the remainder I bequeath as followeth : — One third 
part thereof to my loveing wife Joa n Daviso n, one third 
part to my son Dan;el Davison, and the other third 
part to my daughter Sarah Davison, and in case that 
my said wife should die before this be of force, then 
my will is that her third parts shall be given and equal- 
ly divided to my son and daughter abovesaid ; also, 
my will is, that my abovesaid wife shall have the 
keeping and disposing of my clear estate, and my chil- 
dren while she lives, or till they come of age, and that 
my son be kej)t to,£cluial till he is thir teen m; fourteen 
y ears of age, and longer if then he require it, if means 
can be had of what remains, after my debts are paicf 
as abovesaid, but if he will not follow his study longer 
then fourteen years abovesaid, then to bind him out an 
apprentice seven years, to some_gooiUionest_god]y 



53 

man of some g ood trade, as may seem best to my said 
son, if tractable and willing, or else in judgment of 
those that shall then have the oversight of him shall 
think best and most suitable for him, and in case either 
of my children die before they come of age, then the 
other that survives, to have the deceased's part, which 
it was to have had, if lived, and if my estate as above- 
said fall either to my son or daughter, and that my said 
son or daughter should die before they come of age, 
fand in case that my wife should be dead) then my will 
is that one third part of my estate be given to my 
br other J ohn Davison, though at present I know not 
where he is, but if cannot be heard off, or dead, then I 
give that third part unto my sister in law Ma ry Hoxlges, 
u jias And erson, wife t o John An derson, and* to my 
n^phews^gm'Rash^and Joan Rash, to be equally divid- 
ed between them, and the rest of my estate to be divid- 
ed, the one half unto the children of my brother in law 
John Anderson, equally between them, and the other 
half to the children of my b rother Je re my Daviso uj^de- 

ceased, who was marrie^_jind_JiyedjrLliZni^ 
landj and if the Lord should so order it, that it should 
(I mean my estate) not (by reason of death) be enjoyed 
by my wife and children, but go to my next kindred 
as above exprest, then before it be divided amongst 
them, I desire, and my will is, that one fourth part of 
the whole clear estate be given to the town of Charles- 
tovvn aforesaid, to be put out by the townsmen then 
beiTig at an annual rent, forever, for the maintenance, 
30 far as it will reach, more or less, of poor men's chil- 
dren of the same town, especially fatherless children to 
schools ; and I do by these presents constitute and ap- 
point, my loveing v.^ife aforesaid Joan Davison, my 
irue, law^ful and sole executrix, and she to nominate 
for her assistance in the premises, whom she pleases — 
hi vvitness of tJie truth, I have hereunto set my hand 



54 • i 

1 
il 

and seal the day and year above written, written with 
my own hand, pr. me, ; 

NICHOLAS DAVISON, (and a Seal.) j 

Signed, sealed and delivered as my last Will and Tes-\ 
tament, in the presence of tis, my in the margin of, wife' 
in the saine line was interlined before the signing and 
sealing hereof. 
John Manning, 

Christopher Clark, ' ; 

J ohn Dudley . ■ 

1 1, 5, 64 ; attested on oath by John Dudley, that he ! 
saw Mr. Nicholas Davison, now deceased, sign and seal j 
this instrument as his last will and testament, and that j 
he subscribed his name as a witness thereto — Before " 
me . FRANCIS WILLOUGHBY,e5' 7 p , ■ 
THOMAS DANFORTH, 3 Kecoraers. , 

A true Copy as of Record in the Registry of Probate \ 
for the county of Middlesex. 

Attest, S. DANFORTH, J. Prob. 1 



Ildbijah Savage and others^ Ponder of Attorney — s. s. 

KNOW all men by these presents, Tliat we Habi- 

jah Savage, Esq. and Hannah, his wife, Jonas Clarke, 
brazier, Thomas Ruck, mariner, and Mary, his wife, 
Briant Parrot, merchant, as qn^rdian to his childrenj 
by his late wife Abigail d ceased, all of Boston, in the j 
county of Suffolk, and Province of the Massachusetts ! 
Bay, in New-England, Sarah Paine, of Bristol, in the \ 
county of Biip'-ol. and Province aforesaid, widow, Jo- : 
seph Fitch, of Boston, aforesaid, housewright, and • 
Margaret, his wife, John Kneeland, of said Boston, i 
bricklayer, guardian to his daughter Prudence, a mi- ] 



55 

nor, Sarah Sweetser, widow, John Phillips, mariner, 
and Anna, his wife, Joanna PhiUips, widow, Sarah 
Mousell, widow, all of Charlestown, in the county of 
Middlesex, and Province aforesaid, John Alford, of 
Boston aforesaid, Esq. and Margaret, his wife, and 
Joshua Winslow, of Boston aforesaid, Esq. and Ehza- 
beth, his wife — have constituted, ordained and made, 
and in our stead and place, put, and by these presents 
do constitute, ordaia and make, and in our stead and 
place, put S hem Dr o wne, o f Bosto n aforesaid, tin plat e 
worker, to be our true, sufficient and lawful attorney 
for us and in our names and stead, to enter_aniLmake 
any entry or entrys into all or any part of that tract, 
plantation or continent of land, called Pemaquid, on 
the eastern boundaries of New-England aforesaid, 
which we or either of us are interested in, and entitled 
unto by any ways and means whatsoever, and for as, 
and in our or either of our names, t o evict, eject and 
amove of therefrom, any person or per sons who may 
have iUegally^htered Into and upon the sam.e, or any 
part thereof, and for us and in our names, to let, sel, 
or otherwise dispose of, all or any part of the said tract, 
plantation or continent of land, as to our attorney shall 
seem good, with full power to set of any part of the 
said tract of land to any person or persons v/ho are 
now living upon the same, or any other person whatso- 
ever, provided such person or persons to whom any 
part of said land may be set of, to oblige hini or them- 
selves to settle the same, giving and hereby granting 
unto our said attorney, our full strength, power and 
authority, in and about the premises, and to take and 
u^e all due means, course and process in the lasv, for 
the obtaining and recoverijig all or any part of the said 
tract of land— and if need be, to appear, and ihe per- 
sons of us, the constituents, to represent before any 
governour, judges, justices, officers and ministers of the 
Uw v*hat5oever, in any court or courts of judicature. 



'7/ 



50 

or in any other court or place whatsoever, and before 
any person or persons whomsoever, as the matter may 
require, and there on our behalf to commence and 
prosecute, to effect all matters, suits, actions and things 
whatsoever, for the recovery of all or any part of the 
said tract of land, and to pursue therein until definitive 
sentence, as the matter may require — and, generally, 
to say, do, act, transact, determine, accomplisli and fin- 
ish all matters and things whatsoever, relating to the 
premises, as fully, amply and effectually as we can, 
ourselves or either of us, might or could do, if person- 
ally present, although the matter may require more 
special authority than is herein comprised — And what- 
soever our said attorney shall lawfully do in and about; 
the premises, by force and virtue of these presents, we 
hereby promise to ratify and confirm. 

In witness whereof, we have hereunto set our hands 
and seals, the third day of September, Anno Domini 
one thousand seven hundred and thirty- five, and in the 
ninth year of the reign of our Sovereign Lord George 
the Second, by the grace of God, of Great Britain^ 
France and Ireland, King, Defender of the Faith, &c. 
HABIJAH SAVAGE, (seal.) 
HANNAH SAVAGE, (seal.) 
Signed, sealed and delivered 

in presejice of ?/^, 
(by Habijah Savage, Esq. iS wife) 
Habijah Savage, Jun. 

her 
Joanna X Cottle. 
mark. 

JOHN ALFORD, (ls.) 
MARGARE r ALFORD, (ls.) 
JONAS CLARKE, (ls.) 
\ LIZ N BETH WINSLOW,(ls.) 
John Alford and Margaret Alford and Eliza- 
beth Winslovv, signed, sealed and delivered 
this instrument iti presence of us, Joanna 
Alford^ Jonathan Tyng. 



. 57 

JOSHUA WINSLOW, (ls.) 
THOMAS RUCK, (ls.) 
MARY RUCK, (ls.) 
BRIANTT PARROTT, (ls.) 
Signed, sealed and delivered by 
Thomas Ruck, Mary Ruck, 
Bryant Parrot, 
Timothy Barro/ii 
Increase Blake. 

SARAH SWEETSER, (ls.) 
JOHN PHILLIPS, (ls.) 
ANNA PHILLIPS, (ls.) 
JOANNA PHILLIPS, (ls.) 
SARAH MOUSELL, (ls.) 
Witness, Thomas Jcnner, and 
Bartho. Gedney^ to Sarah 
Sweetser, John Phillips, and 
Anna, his wife, JoJ.nna Phil- 
lips and Sarah Mousell. 

SARAH PAINE, (ls.) 
Signed, sealed and delivered by 
Jonas Clarke, in presence of 
us, 

Lucy Bradsfreeti 
Timo. Clarke. 
Signed, sealed and delivered in 
presence of us, by Sarah Paine, 
Dorothy Williams^ 
• Natha?iid LindalL 

JOSEPPI FITCH, (ls.) 
MARGARET FITCH, (ls.) 
JOHN KNEELAND, (ls.) 
Signed, sealed and delivered by 
Joseph Fitch, Margaret Fitch 
and John Kneeland, in pres- 
ence of us, 

Timo. Barron^ 
Increase Blake, 
8 " 



6S 

St/ffolk^ ss. Boston, $ept. 9, 1/35. 
Habijah Savage, Esq. and Hannah, his wife, each 
appearing, acknowledged the abeforegoing instrument 
to be their act and deed — before 

WILLIAM TYLER, J. P. 

Middlesex, ss. Charhstoivn, Sept. 5, 1737. 
Then personally appeared, the within named Sarah 
Sweetser, John PhiUips, and Anna, his wife, Joanna 
PhiUips and Sarah Mousell, and acknowledged this 
Power of Attorney to be their free act and deed — be- 
fore me, THO'S. JENNER, J. P. 

Suffolk, ss. Boston, Sept. Stk, 1735. 
Then John Alford, Esq. and Margaret, his wife, 
Joshua Winslow, Esq. and Elizabeth, his wife, Jonas 
Clarke, Thomas Ruck, and Mary, his wife, Joseph 
Fitch, and Margaret, his wife, Bryant Parrott and John 
Kneeland, did all acknowledge this power of attorney 
to be their act and deed — before me, 

TIMO. CLARKE, J. P. 

Suffolk, ss. Boston, Dec. 28, 1736. 
Rec'd and recorded in the Registry of Deeds, lib. 53, 
folio 180, &c. — per 

SAMUEL GERRISH, Reg. 
Rec'd Dec. 28, 1736. 

Suffolk, ss. Boston, Oct. 15, 1735. 
Then Sarah Payne did acknowledge the within in- 
strument to be her act and deed — before me, 

. TIMO. CLARKE, J. P. 
Examined and compared with the original. 
A true Copy. 

THO'S. B. ADAMS, one of the Commissioners. 



<59 
Alexander Erskinc's Deposition — t. t. 

THE Deposition of iVlexander Erskine, of Bristol, 
aged about fifty years, testifieth and saith, that about 
W tvventy-w^'ears ago, this deponent^jwho then lived at 
'^7 Boston, came down to Pemaquid with Shem Drowne, 
of said Boston, who was then agent for the Pemaquid 
l^roprietors, with^ a quanti£y_pf_stores, which this depo- 
nent had the care of; said Drowne then took his lodp; - 
ingsat theJFort there, and by boat visited the hih abi- 
tants with this Deponent, who the said Drowne hired 
to attendliim in company with John North, Lieutenant 
^^ I>og;ers, George Caldwell, Robert Paul, Nathaniel 
Bull, jun. John Forbush, to whom he allowed as wages 
thirty shillings old tenor per day, from Medomock 
Falls d ovvn round Pemaq uid Point, and up Damarig - 
c otta R iver, u p near to Dumarisco tta Fall s, and settled 
then eight or nine families, some of which were new 
comers there, with farms o f an hundre d acres each, 
and accommodated jtho_oMjnhal2itai^ the im- 

p roved land^A-fax as 4hat-Jield-nut, and gave other 
lands to all the inhabitants tlmt^hefouind there^ettie^^ 
under Colonel Dunbar that chose to tarry, said farms 
being at this day of considerable value. 

Furthermore this Deponent well remembers that the 
said Drowne, at the above time, refused to take the 
sum of one thousand pounds old tenor, for a piece of 
land adjoining Pemaquid Falls, telling the person that 
offered it, in the deponent's hearing, thajt^jthe fishery 
there shoUld be free for^alj^the inhabitants. — And this 
Deponent saith, that the inhabitants were generally 
satisfied with said Drowne's right and transactions. — 
And at the same time this Deponent saw George Cald- 
v/ell, John Forbush, Nathaniel Bull, with John North, 
employed in building •what they called an house,on Mus- 
congus Island, near Round Pond, for the said Drowne, 
who was himself present—and further saith not. 



/>• bZ- 



60 

Mem. The word (six) on the other side, was inter- 
lined before signing, &c. also the words (what they 
called.) 

HIS 

ALEXANDER z ERSKINE. 

MARK. 

Lincoln^ ss. Sept. 28, 1773. 
Then the above named Alexander Erskine made 
oath to the truth of the aforewritten Deposition by him 
subscribed, being taken in perpetuam rei memoriam — 
before us, 

WILL'm. LITHGOW,'] two of his MajesffsJus- 
JON A. BO WM AN, I tices of the Peace for said 

J Co2/nfy £5f of the Quorum, 
Examined and compared with the original. 
A true Copy. 

THO'S. B. ADAMS, oiie of the Commissioners, 



Patrick Rodgers^ Deposition — u. u. 

THE Deposition of Patrick Rogers, of Bristol, in 
the county of Lincoln, having been Lieutenant of the 
Fort at said Bristol, or Pemaquid, for a long time, aged 
^' '7'n about sixty-six years, testifieth and sayeth, that he this 
Deponent lived in Georgetown, in the county of York, 
in the year seventeen hundred and twenty or twenty- 
one, at which time the Deponent saith there was not 
one house that he knew off, between Georgetown and 
Annapolis Royal, except one in Damaris Cove, ,An 
island to make fish o n, until the time St^George^F.ort 
wasjbuilt, when Colonel Thomas WestbroolTwas com. 



61 

mande r_of^ the Province Troops there ; that the Depo- 
nent, five or six years after the date above, was in the 
fishing business, and well acquainted with the harbours 
of Pemaquid and others, as far east as Mount De sart, 
about the year seventeen hund red twenty -nine^or thir- 
ty, the Deponent knew one James Bailey, who lived at 
tlie southwest part of a place called Round Pond, his 
house was built near the shore, and continued there 
about eight or nine years, and enclosed a field thereon ; 
and the Deponant at that time knev/ Captain Thomas 
Henderson, who lived on a point of land to the south- 
ward of Bailey's house, joining there, and on the nor- 
therly side of a small brook, near to where said Bailey 
lived, now improved by John Rendell, and about the 
beginning of the Spanish v/ar, ye. said James Bailey 
moved his family from Round Pond to the westward, 
and returned thereabout seven years ago, and built an 
liouse on his former old field, near where he formerly 
dwelt — The Deponent never knew of any place called 
by the name of Passage Poinr, or Bea.r Tree, and t'ja 
Deponent never knew of any place called Pan Cake 
Hill, till of late years, nor of a place called the Dry 
Pond Meadow, and that he never knew of any person 
disturbing said Bailey in his possessions — The Depo- 
nant knows Simon Eliot ; he has lived at Round Pond 
about eighteen years, from this time, and James Yeates 
has lived at Round Pond, from the jyear_seyenteen 
h undred andLXQJ^ty-tvvo' to this day, except the tiiiie 
when he went tqjhe siege of Lois burg, an d returned 
tliree^^FIour X§arFal]:er--^The Deponant^ie\'^r' ITeard 
that said Yeates was ever disturbed in his possessions, 
till the year seventeen hundred and sixty-eight, when 
one Thomas Bodkin brought an action of ejectment 
against him for his land — Furir.ermore the Deponent 
knows, that about the year seventeen hundred and 
thirty -three, there was many inhabitants settled at that 



!' - 62 

time near Pemaquld, and about the year seventeeti 

lyij'huiidrGd and thirty-five, said settlers settled under the 

/..!'/' Peaiaquid company, to the number of forty families 

/ or more, and hold their lands to this day by their patent 

right. The distance between Pemaquid Fortaii^iound 

Pond js about six or seven miles northeasterly from Pe- 

r maquid. 

I* The inhabitants living there, lived under the Pema- 

quid right — I, with Alexander N ickels, was chosen to 
sett the |)rice of a lot land there, which James Yeates 
purchased of Capt ain A rthur Savag:e, about 300 acres ; 
and this Deponent further saith, that about the year 
'■7^^ seventeen hundred and thirty-sis or thirty-seven, Mr. 
/ Shem Drowne, as agent to t!ie Peinaquid proprietors, 
employed John North to take a survey of the said 
patent claim, and in their survey along the outlines, 
some of them lodged at my hjjuse Qne_nig;ht ; and this 
Deponent further saith, that many of the inhabitants, 
with himself, met with the said Shem Drowne at_Pe::^ 
;na4uid.FWt,/som9^yjiira_b.efore^ when 

and vvhere_the_j)atent_wa^^ on which the people 
generally were satisfied, that the title was good, and 
as Colonel Dunjjar signified on his removal, tha t th e 
lands thereabouts wliJ^iTvale^propertyT^ a^^^^ that the 
king removed saiii^unbaFToTtlmt reason, the inhabi- 
tants generally took their lotts of land under said 
Drowne, as agent to said proprietors, which v/as about 
j£iV ,^ 7u fqrty^_o£more_fainily3 ; and this Deponent further saith 
/ that he purchased two lots of land m said claim, of two 

01 the settlers, which said Drowne had given land to, 
and many of the inhabitants, with myself, took leases 
of said Drowne for the Fresh Meadows, and that he 
never knew any of the inhabitants that said Drowne 
had settled, being disturbed by any claimer whatso- 
ever, and were from Pemaquid to what is now called or 
known by the name of Muscongus, until seventeen hun- 
dred and sixty-eight, one Thomas Bodkin sued several 



63 

of the old settlers at Round Pond, which have taken 
their lots under the Pemaquid proprietors, some by 
leases and some by purchase, as the inhabitants told 
this Deponent — Farther this Deponent saith, James 
Morton, William Burns, and many others, living some 
miles to the northward of Round Pond, hold their lands 
under the said Pemaquid proj rietors. 

PATRICK ROGERS. 

St/folk, ss. Boston, May 29, 1773. 
The abovenamed Patrick Rogers made oath to tlie 
truth of the foregoing Deposition ta ken at the request 
of Tho mas Drowne, to perpetuate the remembrance of 
the thingT " 

The words (year, knew> has, and saith) being inter- 
lined before signing — before us, 

EDM. Q,UINCY, 1 Justice of the Peace £5f 

BELCHER NOYES, j of the Quorum, unus. 
Examined and compared with the original. 
A true Copy. 

THO'S. B. ADAMS, one of the Commissioners. 



Davison's Deed — x. x. 

TO all people unto whom this present deed of divi- 
sion, partition, release, and quit claim, shall come, greet- 
ing. V\ hereas Thomas Savage, of Boston, in the 
county of Suffolk, in the province of the Massachusetts 
Bay, in New-England, merchant, Arthur Savage, gen- 
tleman, and Hannah Winslow, widow, devisees of 
Madam Hannah Savage, late of said Boston, widov/, 
deceased, George Craddock, Esq. the heirs and assigns 
of Adam Winthrop, of said Boston, Esquire, deceasedr 



64 

Shell! Drowne, tin-plate worker, and Katharine, ins 
wife, Jonas Chirke, Esq. Joseph Fitch, gent, guardian 
to the children of his late wife Margaret, John Knee- 
land, shopkeeper, guardian to Prudence, daughter of 
his late wife Prudence, deceased, Benjamin Parrott, 
mariner, a devisee of Abi.2ail Tilden, deceased, 
Christopher Tilden, arid Sarah, his wife, the said 
Abigail and Sarah being daughter to ErJant Parrot, of 
said Boston, merchant, by his wife Abigail, deceased, 
and the said Sarah as only surviving heir to Timothy, 
a son of said Bryant by said Abigail, Henry Price, 
gent, and Mary, his wife, all of Boston aforesaid, J^li 
Watts, of Arrowsick, in the county of Yoiio, in the 
province aforesaid, ge nt, and Abiga il^ his wife, as the 
said Abigail a nd Mary are heirs to Thomas Ruc k, and 
Mary, his wife, both of Boston, deceased, Joshua 
AVinslow, of said Boston, Esq. and Elizabeth, his wife, 
John Alford, of Charlestown, in the county of Middle- 
sex, and province aforesaid, esq. and Margaret, his 
wife, Ezekiel Cherber, Esq. and Sarah, his wife, Seth 
Sweetser, gent, and Joanna Phillips, widow, John 
Phillips, mariner, Anderson Phillips, mariner, i^nna 
Linet, Katharine Fosdick and Sarah Langstaff, widows, 
all of Charlestown, aforesaid, and Benjamin Stevens^ 
of Kittery, \xi the county of York, and province afore- 
said, clerk — heretofore held as tenants in comnjon all 
those lands, tenements and hereditaments on the main 
land, situate and being in the eastern parts of New- 
England, a t or jiear a place commonly cjtll ed Pem a- 
quid, which lancTwasTo'rmerly grantedT^nfeoffed and 
assigned to Robj3£t Aldsworth and^GilesJEIbridge,. late 
of Bristojjj n Great Bri tain, niercliants, dec eased , their 
heirs and assigns, by the Council then established at 
Plymouth in the county of Devon, in the kingdom 
aforesaid, for the planting, ruling and ordering of New" 
England, as in and by their deed under their common 
seal, signed Ro. Warwick, Ferd. George, and dated 



65 

the twenty-ninth day of February, in the seventh year 
of the reign of the late King Charles the First, for 
twelve thousand acres of land on the main, and one 
hundred acres for every servant they had, or should 
transport thither, or ship therefor, as by said deed or 
patent, reference thereto being had, may more fully 
appear. 

And whereas by divers instruments, deeds of con- 
veyance, and heirship, the aforenamed Thomas Savage, 
Arthur Savage, and Hannah Winslo\v, devisees of said 
Madam Hannah Savage, George Craddock, the heirs 
and assigns of Adam Winthrop. 

Shem Drowne, and Catharine, his wife, Jonas Clarke, 
Joseph Fitch, guardian as aforesaid, John Kneeland, 
guardian as aforesaid, Benjamin Parrot, devisee as 
aforesard, Christopher Tilden, and Sarah, his wife, in 
their capacities aforesaid, Henry Price, and Mary, his 
wife, JoJ:in Watts, and Abigail, his wife, Joshua Wins- 
low, and Elizabeth, his wife, John Alford, and Marga- 
ret, his wife, Ezekiel Cheever, and Sarah, his wife, Seth 
-Sweetser, Joanna Phillips, John Phillips, Anderson 
Phillips, Anna Lynch, Katharine Fosdick, Sarah Lang- 
stafF and Benjamin Stevens, are the true and legal pro- 
prietors of the aforementiond lands, descending to them 
b y conveyance, heirship , &c. from the said Robert Aids- 
worth and Giles Elbridge, which lands were formerly 
delivered to the patentees from the head of Muscongus 
river to the head of Damariscotta river, as laid down 
in a plan of the same, (reference thereto being had, will 
fully appear.) — And whereas at a meeting of the afore- 
said_proprietors, duly notified, held by adjournment on 
Monday the fifth day of December, one t housand 
seven hundred and forty three at the sun tavern in said 
Boston, began to draw b y lot accor ding to thei r seve - 
ral interests in the first Division jjfjiinety lots, contain- 
ing about one hundred acres each be it more or less, 
marked letter A. as laid down in said plan name and 

9 



66 

number and recorded by Tli omas Drownc, proprietor^ 
clerk. — And proceeded January the third at an ad- 
journment of said meeting to draw the second division 
of said lands in small lots as laid down in the aforesaid 
plan number and name marked B. in two parts, a house 
lot near the fork and a small out lot of the same num- 
ber — And at the next adjournment March sixth fol- 
lowing proceeded to a third division of said lands 
marked C. containing more or less named and num- 
bered as aforesaid, extending to the head line of said 
plan, which is from the head of Muscongus river to the 
head of Damariscotta river aforesaid — And on Sep- 
tember the seventeenth one thousand seven hundred 
and forty-seven at a meeting of said Proprietors held 
by adjournment, the heirs of Col. Joseph Lynde, late 
of Charlestown aforesaid deceased, proceeded to draw 
their several shares and rights in the lots in the name 
of Lynde as noted on the plan. — Now know ye — That 
this present instrument of divisional partition release, 
and quit claim — Witnesseth — That the parties afore- 
named and each and every of them for divers good 
causes and considerations them hereunto moving have 
and hereby do fully and absolutely allow, ratify, con- 
firm and hold for good and valid to all intents and 
purposes whatsoever ; the aforementioned drafts, divi- 
sions and settling of the lands aforementioned on the 
main to each other respectively according to the afore- 
said plan, that the Proprietors drew their lots by — and 
on which the names, mark and numbers were entered 
at the several meetings the lots aforesaid were drawn 
and which is attested thereon so to be by the said Tho- 
mas Drowne proprietors clerk aforesaid, unto "which 
we and every of us have subscribed our names. — And 
we and every of us do by these presents, confirm and 
acknowledge the same plan to be the very individual 
and numerical plan which the Proprietors drew their 
lot by, and on which the names, mark and numbers 



67 

were entered at the several meetings when the lots a- 
foresaid where drawn, and also on the small plans laid 
down on said plan for small lots drawn as aforesaid 
near the Fort and which is attested thereon so to be by 
the said Thomas Drowne proprietors clerk as aforesaid 
on the day of the date of tliese presents. — And we and 
every of us according to our respective rights, do receive 
and accept of the lots hereinaftermentioned, sett ofT on 
the main land to each or more of us in full satisfaction 
of our and each of our several and respective shares, 
rights and interests in said lands on the main which an 
hitherto divided and set off as on the plan aforesaid, to 
possess and enjoy the same free and clear from any 
right, challenge or demand whatsoever from each of 
^ lis respectively our heirs and assigns for the more ef- 
fectual partition of the aforesaid lands. — And that all 
the parties interested as aforesaid may hold, enjoy and 
possess and improve their respective lots in severalty 
to them, their heirs and assigns forever, according to 
the true intenS and meaning of the aforesaid parties and 
the division therein made — And it is hereby covenant- 
ed, granted, concluded and fully agreed upon by and 
between us the parties to these presents in manner and 
form following — That is to say, that the said Thomas 
Savage, Arthur Savage and Hannah Winslow, their 
heirs and assigns shall from henceforth forever hereaf- 
ter — :have, hold and enjoy as tenants in common the 
following lots as delineated and laid down in the said 
plan containing more or less, viz. In the first division 
marked A. No. 2. 3. 9. 11. 14. 22 23. 24. 25. 28. 29. 
32. 33. 35. 41. 45. 49. 51. 55. 57. 58. 59. 61. 65. 72. 
74. 75. 76. 86. 89. In the second division in two parts, 
house lots and out lots, b. 1. 2. 4. 7 11. 13. 16. 26. 27. 
28.31.33.35.41. 45. 48. 49. 55.57.59. 60.61. 63.68. 
69. 79. 80. 83. 86. 89. In the third division, c. S.^. 10. 
12. 17. 18. 20. 23. 25. 28. 29 33. 40. 43. 44. 45. 46. 
^0. 54. 55. 51. 58. 61. 62. 70. 72. 76. 77. 81. 87. That 



Q8 

the saiJ George Craddock his heirs and assigns shall 
hold and enjoy in the first division a. 15. 19. 37. 42. 63. 
in B. 38. 40. 50. 66. 76. c. 1.4. 27. 47. 63. That the 
said heirs and assigns of Adam Winthrop shall hold 
and enjoy in the first division, a. 36. 39. 60. 83 90. in 
B. 12. 17.64. 74. 75. inc. 13. 15. 48. 51. 89. 

That the said Shein Drowne his heirs and assigns, 
his wife Katharine's part included shall hold and enjoy 
forever in the first division, a. 5. 6. 8. 17. 18. 21. 31. 
40. 46. 47. 50. 54. 5Q, 62. 64. 68. 77. 78. 79. 82. 85. 87. 
88. in B. 5. 6. 8. 9. 15. 20. 25. 30. 32. 34. 36. 37. 46. 47. 
51. 52. 54. 58. 62. 65. 70. 71. 72. in c. 6. 7. 8. 14. 16. 
21. 22. 24. 26. 30. 31. 32. 35. 42. 49. 64. 73. 79. 80. 82. 
83. 84. 88. — And also, to the said Shem Drowne his 
heirs and assigns forever the following lots in the name 
of Chandler, which he purchased of Col. John Chand- 
ler of Worcester and Sarah his wife, and which are in 
the right of the said Sarah, in a. 48. 81. b. 22. 23. c. 59. 
60. That the said Jonas Clark his heirs and assigns 
shall hold and enjoy in the first divisiori, a. 4. 26. 66. 
67. in B. 19. 44. 56. 90. in c. 2. 66. 67. 86. 
That the said Joseph Fitch guardian as aforesaid 
shall hold and enjoy in the first division, a. 70. in 
B. 21. c. 39. That the said John Kneeiand guardian as 
aforesaid shall hold and enjoy in the first division, a. 
20. in B. 81. c. 52. 

That the said Benjamin Parrott, Christopher Tilden 
and Sarah, his wife, in her right, their heirs and as- 
signs, shall hold and enjoy as tenants in common, in 
A. 10. B. 53. in C. 74. That the said Henry Price, and 
Mary, his wife, and John Watts, and Abigail, his wife, 
in right of the said Mary and Abigail, shall hold and 
enjoy as tenants in common a. 30. b. 88. c. 19. — That 
the said John Phillips, in the name of Anderson and 
Henry -Phillips, shall hold and enjoy in a. 7. 69. in b. 
18. 29. in c. 71. 78.--That the said John Alford and 
Margaret, his wife, Joshua Winslow and Elizabeth, 



Ms wife, in right of the said Margaret and Elizabeth, 
their heirs and assigns, shall hold and enjoy as tenants 
in common forever in a. L 16. b. 42. 78. c. 9. 65 — That 
the said Ezekiel Cheever, and Sarah, his wife, in her 
right, shall hold and enjoy in a. 12. b. 87. c. 34. That 
the said Seth Svveetser shall hold and enjoy in a. 13. 34. 
B. 3. 43. 67. c. 75. 90. That the said Joanna Phillips 
shall hold and enjoy in a. 44. 53. 71. b. 39. 82. 84. c. 
1 1. 36. 69. 85. That the said Anderson Phillips, Anna 
Lynch, Katharine Fosdick and Sarah Langstaft', their 
heirs and assigns, shall hold and enjoy as tenants in 
common a. 27. 52. 84. b. 73. 77. c. 37. 56. — And that 
the said Benjamin Stevens, his heirs and assigns, shall 
hold and enjoy in a. 38. 43. 73. 80. b. 10. 14. 24. 85. c. 
38. 41. 53. 6S. — And the parties aforesaid, severally, 
and not jointly, for themselves and their several heirs, 
to each and every of the aforesaid divisions as before 
sett oft' and noted on the said plan as aforementioned, 
do by these presents fully and absolutely acquit, exon- 
erate, release and discharge each and every other of 
them, his and their heirs and assigns, from all right, 
title, interest, claim and demand whatsoever, either in 
law or equity, to all right and title, interest, claim and 
demand whatsoever, that ought or may be claimed by 
virtue of or concerning the aforesaid deed or patent — 
to hold the same, the set off as aforesaid, together with 
all the woods, underwoods, tenements, hereditaments, 
improvements, priviledges and appurtenances whatso- 
ever, thereunto belonging, set off in severalty as afore- 
said, to each and every of them the parties aforesaid, 
as laid down in the plan aforesaid. And whereas divers 
ponds are contained in the said tract of land, not as yet 
taken or noted on the aforesaid plan — 

Therefore it is hereby covenanted, concluded and 
agreed upon, by and betv/een the said parties, that if it 
so happen, that any of said ponds or waters which are 
therein contained, shall lye in any part or parcell of 



70 

the whole of any such lot, as laid down in said plan, 
the party or parties to whom the same is sett off shall 
notwithstanding abide by said division — also, that all 
lotts heretofore sold or exchanged, by any of the pro- 
prietors or parties, or others concerned, such sales and 
conveyances are hereby deemed good and effectual, 
and are by these presents ratified and confirmed, not- 
withstanding the same were made and exchanged at 
any time since the drafts of said lots, although before 
the date hereof. 

In witness whereof, we the parties aforesaid have 
hereunto set our hands and seals, the fifth day of Octo- 
ber, new stile, in the twenty-sixth year of ye. reign of 
our Sovereign Lord George the Second by the grace of 
God, of Great Britain, France and Ireland, King, De- 
fender of the Faith, and so forth, and in the year of our 
J^ord Christ, one thou sand seve n hundred and fifty - two ^ 

Thomas Saz>age, (ls.) * 
Arthur Savage^ (ls.) 
Hannah Wins low, (ls.) 
Signed, sealed and delivered, 
by Thomas Savage, Arthur 
Savage, and Hannah Wins- 
low, in presence of us, 
Joh/i Phillips, 



Michael Lowell. 



George Craddock, (ls.) 
Shem Drowne-, (ls.) 
Katharine Drowne, (ls.) 
Jonas Clarke, (ls.) 
Joseph Fitch, (ls.) 
John Kneeland, (ls.) 
Benjamin Parrotf, (ls.) 
Chr. Tilden, (ijs.) 
Sarah Tilden, (ls.) 
Henry Price, (ls.) 
Mary Price, (ls.) 



71 

Signed, sealed and delivered 
by Shem Drowne, ^ Kath- 
arine, his wife, Jonas Clarke, 

John Kneeland, Christopher - j| 

Tilden and Sarah, his wife, ^ 

Henry Price, and Mary, his 
wife, in presence of us, 
William Crombie^ 
Joseph Bradford. 

John JVaffs, (ls.) 
Abigail Watts, (ls.) 
Joshua Winslow, (ls.) 
Elizabeth Wirislow, (ls.) 
John Alfordy (ls.) 
Margaret Alford, (ls.) 
Ezekiel Cheeuer, (ls.) 
Sarah Chceuer^ (ls.) 
Seth Sweefser, (ls.) 
Signed, sealed and delivered 
by George Craddock, Esq. 
in presence of us, 

John Head, John Gray. 
Signed, sealed and delivered 
by John Alford, Esq. and 
Margaret, his wife, and Mr. 
Seth Sweetser, in presence 
of us, 



Thomas Jenner, 
Catharine FosdicJc. 



Joanna Phillips, (ls.)j 
John Phillips, (ls.) 
Anderson Phillips, (ls.) 
Anna Lynch, (ls.) 
Catharine Fosdick, (ls.) 
Sarah Lafig staff, (ls.) 
BenJ. Steuens, (ls.) 



4'Z 



Signed, sealed and delivered 
by Ezekiel Cheever, Esq. 
and Sarah, his wife, Mrs. 
Joanna Phillips, Capt. John 
Phillips, Katharine Fosdick 
and Sarah Langstaff, in pres- 
ence of us, 

Thomas Jenner^ 
Edward Mirick. 
Signed, sealed and delivered 
by Joshua Winslow, Esq. 
and Elizabeth, his wife, in 
presence of us, 
Nenelm IVi/islow, 
Joshua Winslow^ jr. 
Signed, sealed and delivered 
by Capt. Jos. Fitch, in pres- 
ence of us, 

William Crombie^ 
Joseph Bradford. 
The within instrument signed, 
sealed and delivered by the 
Rev. Mr. Benj. Stevens, in 
presence of us, 
John Phillips^ 
William Phillips. 
The within instrument signed, 
sealed and delivered by 
Captain J ohn Watts and 
Abigail, his wife, in presence 
of us, 

William Crombie^ 
William Taylor. 
The within instrument signed, 
sealed and dehvered by Mr. 
Benjamin Parrott, in pres- 
ence of us, 
John Phillips^ 
William Phillips. 



73 

The within instrument signed, 
sealed and delivered by Mrs. 
Anna Lynch, in presence of 
us, 

Johii Phillips^ 
William Phillips. 

The within instrument signed, 
sealed and delivered by Mr. 
Anderson Phillips, in pres- 
ence of us, 

Seth Sweefser^ 

Edward Games. 

Si/ffolJu ss. Bos /on, Jan. ^.tJi, 1 753. 
Personally appeared Mr . Shem Drowne and Katha- 
rine, his wife, Jonas Clarke, Esq. John Kneeland, 
Christoi)her Tilden and Sarah, his wife, Henry Price 
and Mary, his wife, and acknowledged the foregoing 
instrument to be their act and deed. 

Coram JOHN PHILLIPS, j. p. 

Suffolk, ss. Boston Jan. 15, 1753. 
Personally appeared George Craddock, Esq. and 
acknowledged the foregoing instrument to be his free 
act and deed. 

Cor. JOHN PHILLIPS, j. p. 

Middlesex, Charhstown, Jan. 6, 1753. 
Personally appeared John Alfordj Esq. and Marga- 
ret, his wife, Mr. Seth Sweetser, Ezekiel Cheever and 
Sarah, his wife, Mrs. Joanna Phillips, Captain John Phil- 
lips, Katharine Fosdick and Sarah LangstaiF, and ac- 
knowledged the foregoing instrument to be their free 
act and deed. 

Coram TH's. JENNER, j. p. 

Suffolk, ss. Bos f on, Jan. 8, 1 753. 
Personally appeared Joshua Winslow, Esq. and Eliz- 

10 



.74 

abeth, his wife, and acknowledged the foregoing instru- 
ment to be their free act and deed. 

Cor. JOHN PHILLIPS, J. p. 

Suffolk, ss. Boston, Feb. 6, 175S. 
Personally appeared Captain Joseph Fitch, and ac- 
knowledged the foregoing instrument to be his free act 
and deed. 

Coram. WILL'm. DOWNE, j. p. 

' Suffolk, ss. Boston, May 15, 1753. 
Personally appeared Mr. Thomas Savage, Captain 
Arthur Savage, and Mrs. Hannah Winslow, and ac- 
knowledged the foregoing instrument to be their free 
act and deed. 

Coram JOHN PHILLIPS, j. p. 

Suffolk, ss. Boston, June 5, 1753. 
Personally appeared the Rev. Mr. Benjamin Stevens 
and acknowledged ye. foregoing instrument to be his 
free act and deed. 

Cor. JOHN PHILLIPS, j. p. 

Suff'olk, ss. Boston, June 15, 1753. 
Personally appeared the within named Captain John 
Watts, and Abigail, his wife, and acknowledged the 
within instrument to be their free act and deed. 

Coram JOHN PHILLIPS, j. p. 

Suffolk, ss. Bostoji, Sept.^, 1753, 
Personally appeared the within named Mr. Benjamin 
Parrott, and acknowledged ye. within instrument to be 
his free act and deed. 

Cor. JOHN PHILLIPS, j. p. 

Suffolk, ss. Boston, Sept. 4, 1753. 
Personally appeared the within named Mrs. Anna 
Lynch, and acknowledged the within instrument to be^ 
her free act and deed. 

Cor. JOHN PHILLIPS, j. f- 



7-5 

Suffolk, ss. Boston, Jan. 28, 1762, 
Personally appeared the within named Mr. Ander- 
-son Phillips, and acknowledged the within instrument 
to be his free act and deed. 

Coram. JOSHUA WINSLOW, j. p. 

Whereas this instrument of partition of lands in 
Pemaquid patent is executed by a|ljhe parties within 
named, except the heirs of Adam Winthrop, Esq. and 
the right of said Adam Winthrop in said lands, being 
conveyed unto me Belcher Noyes, of Boston, in the 
county of Suffolk, Esq. as feoffee in trust for the credi- 
tors to the estate of said Adam Winthrop, by an instru- 
ment in writing duly executed in law, and by virtue 
thereof conveyed to Mr. Shem Drowne. — The said Bel- 
cher Noyes, do as far as in me lies, hereby ratify and 
confirm this instrument of partition, on the part of the 
heirs of the said Adam Winthrop, that so the same maj' 
be perfected, and be held good and valid to all intents 
and purposes. In witness whereof, I do hereunto set 
jny hand and seal, this ninth day of April, A. D. 1760. 

BELCHER NOYES, (ls.) 
Signed, sealed and delivered, in 

presence of us, 

Jok/i Phillips, 

Thomas Drowne, 

Suffolk, ss. Boston, March 22, 1763. 
Then Belcher Noyes personally appeared and ac- 
knowledged this instrument to be his act and deed. 
Before me JOHN PHILLIPS, j. p. 

Lincoln, ss. 
Rec'd Nov. 5, 1768, and entered with the Records 
for Deeds in said county, lib. 6. fol. 21 1, 212, 213, 
214, 215,-216. - 

Attest, THOMAS RICE, Re^'r. 



76 

Jeremiah Moulton's Warra/if—W. W. 

TO THE HON. JEREMIAH MOULTON, ESa. 

Sir — We the subscribers being six of the proprietors 
of a tract of land lying at a place called Pemaquid , in 
the county of York, hereby signify to you our desire 
that you would issue out a warrant, directed to one of 
us, requiring one of us, viz. Mr . Shem Drowne , to noti- 
fy the proprietors of the said land, which lies in com- 
nionjindjindiyided, to assemble and meet together at 
the Orange Tree Tavern in Boston, on the thirty-first 
day of August next, at 3 o'clock, p. m. to agree about 
making division of the said land among the proprietors, 
and to advise and determine what they shall think 
proper to be done to encourage a speedy settlement, 
and to agree upon a method for calling of a proprie- 
tors' meeting for the future. Your granting our re- 
quest will oblige, Hon. Sir, 

Your very bumble servants, 

Hab?Jah Sauage^ 
Joshua WmsIoWf 
Jonas Clarke^ ' 

Thomas Ri/ck^ 
Joseph Fitch, 
Shem Drowfie. 
Boston, July 20, 1743. 

York, ss. 

To Shem Drowne, of Boston, in the county of 
(r.s.) Si/ffolk, tin-plate worker, one of the pro- 

prietors of the land hereafter mentioned, 

GREETING : ' 

Whereas it hath been represented unto me the sub- 
scriber, one of his Majesties justices of the peace for 
the county of York, that there is a certain tract of land 
situate at a p lace called Pemaquid , in the county of 
York, granted by the Council of Plymouth, in the year 
1631, to Robert i\ldsworth and Giles Elbridge, known 



77 

by the name of Pemaquid lands , and five of the proprie- 
tors of the said land, namely, Habijah Savage, Joshua 
Winslow, and Jonas Clark, Esq. Thomas Ruck, mer- 
chant, and Joseph Fitch, gentleman, with you the said 
Shem Drowne, judging it necessary that the proprie- 
tors of the said land, (which yet lies in common and un- 
divided) should have a proprietors meeting; , in order to 
agree about making division or partition of the said ? 
land among the proprietors and to advise and deter- 
mine Vv^hat they shall think proper to be done to encou- 
rage a speedy settlement, and to agree upon a method 
for calling of a proprietors' meeting for the future, and 
the said Habijah Savage, Joshua Winslow, Jonas Clark, 
Thomas Ruck and Joseph Fitch, and you the said Shem 
Drowne having made application to me for a warrant 
for the calling a meeting of the said proprietors, to meet 
at the Orange Tree Tavern in Boston, on Wednesday 
the thirty-fust day of August next, at three o'clock in 
the afternoon of the said day, for the doing and per- 
forming what is above mentioned. 

These are therefore, in his Majesty's name, to will 
and require you the said Shem Drowne, to notify the 
proprietors of the said common and undivided land, 
lying at Pemaquid aforesaid — that they assemble and 
meet together at the Orange Tree Tavern in Boston, 
aforesaid, on Wednesday the thirty-first day of August 
next, at three o'clock in the afternoon of the said day, 
then and there to consult and agree about dividing the 
said lands, and encourage a settlement thereupon, and 
also to agree upon a method for calling a proprietors' 
meeting for the future, and to do such other matters 
and things as the said proprietors shall then and there 
think proper to be done in or about the premises. 

You are likewise required to cause a notification in 
writing to be posted up in some publick place or places 
"within the precinct or confines of the said land, making 
knovv'n thereby the time, place and occasion of the 



78 

aforesaid meeting, at least fourteen days before the day 
appointed for the said meeting by this warrant ; and 
for your so doing this shall be your sufficient warrant. 
Given under my hand and seal at York, this twenty 
fifth day of July, in the seventeenth year of the reign of 
our Sovereign Lord King George the Second, Anno 
Dom. 1743. 

JER. MOULTON, (ls.) 

I have notified the proprietors of the tract of land 
within mentioned, to appear at the time and place in 
this warrant mentioned, by posting up a notification in 
writing, in a public place upon the spot, viz. at the Fort 
in Pemaquid — and have n;ade known by the said pub- 
lication or notification the time, place and occasion of 
the said meeting, pursuant to the direction of the said 
warrant. Witness my hand, the 1 3th day of Avgiisf^ 
Anno Dom. 1743 — and have personally warned each 
proprietor. 

SHEM DROWNE. 

The above month and day of notification was ye. 
J3th of August, 1743, by 5. Drowne. 

THO's. DROWNE, Pro. Cler. 

Examined and compared with the original. 
A true Copy. 

THO'S. B. ADAMS, one of the CommissiomrSy 



79 

Petition^ Repvrt and Order on P^:maqm4_^Ps_op^rietors--' 
a. a. a. — b. b. b. 

Province of the 1 

Massachusetts Bay. \ 

TO his Excellency Thomas Hutchinson, Esq. Cap- 
tain General and Commander in Chief in and over said 
Province, to the Hon. his Majesty, Council and House 
of Representatives, in General Court assembled, Janu- 
ary, Anno Dom. 1773 — 

The petition of the proj)vietors of a certain tract of - 
land, situate in the county of Lincoln in said province, 
at or near a place called Pemagui d, in the eastward 
parts of said province, gr anted by tlie Council of Ply - 
m outh, in Gi^eat Br itain, in the year one thousand six _ 
hiindredand thirt yone, to Robert Aldsworth and Gijei, 
ETlbridge,'" known by th e name of Pemaquid lan da« 
Immbly sheweth — 

Tiiat your petitioners and thei r ancestors , and others 
whose estate in the lands aforesaid they now hold, 
have been at great pains and expenses in making sur- 
veys, plans and divisions of the tract of land aforesaid, 
and in brin2;in2: forward s ettle ments and making im- 
provements there and in many other ways ; m manag- ^.r/. 
ing, ordering and disposing the affairs of said Pern a-, 
quid proprietary_-QJL, company, for a course of thirty y^ 
y ears past. ' y^) 3 



IVat in the course of these transactions, they have 
frequently voted to raise monies for necessary purposes 
relating to said proprietry, and have ordered such sums 
to be laid and apportioned on the several proprietors, 
according to each proprietor's interest in the land, and 
to strict equity — and they have stated accounts, paid 
and received monies, and done other things as appears 
in the company's book of records and in the company's 
book of accounts. 

But in some instances, through error and want of 



80 

information in the law, in voting sums of monies to he 
raised, and in forming assessments of those sums upon 
the proprietors, they have not, as they are now advis- 
ed, conformed in all things to the strict regulations of 
the law, though they have in all respects conformed to 
the principles of equity and good conscience, as they 
shall be able fully to prove to the satisfaction of this 
Hon. Court or any committee thereof, upon inspection 
of their said books of records, proceedings and ac- 
counts. 

That some of said proprietors have not paid their 
respective quotas and proportions of the expences and 
intended assessments aforesaid, but are considerably in 
arrear — But on account of the irregularities*aforesaia, 
your petitioners and the said company are informed, 
that they cannot proceed to collect and levy said quo- 
tas, or to make sale of the lands of said delinquent pro- 
prietors for the payment of their just proportions afore- 
said, which are still in arrear and unpaid, without great 
hazard of law suits and perplexities, both to your peti- 
tions and the delinquent proprietors aforesaid. 

Wherefore your petitioners humbly pray the inter- 
position of this Ho n. Court for the ratification of their 
past proceedingsTaiicl t'lTat the said company or propri- 
etry may be impowered to proceed to coUecf^nd levy 
the said sums that are still in arrear by sale of the de- 
linquent proprietors' larrds, or otherwise according to 
law ; any want of conformity to the strict regulation of 
the law relating to the votes, assessments, proceedings 
of proprietors of common and undivided lands notwith- 
standing —and your petitioners as in duty bound shall 
pray. 

Sefk Sweefser^ 
John Sauage, 
Habijah Saruage., 
Bartholomew Kneel and ^ 
Stephen Minof, 
Rachel JSoble, 
Stephen Miller^ 



81 

In the House of Representafi-vts^ February 24, 1773. 
Read and ordered, that the petitioners notify all per- 
sons concerned, by inserting the substance of this peti- 
tion and order in Edes and Gill's and Draper's news- 
papers three weeks successively, to shew cause, if any 
they have, on the third Wednesday of the next session 
of the General Court, vi^hy the prayer thereof should 
not be granted. 

Sent up for concurrence. 

T. GUSHING, Speaker. 

IN COUNCIL, FEBRUARY 25, 1773 

Read and concurred. 

THOs. FLUCKER, Sec'ry. 
A true Copy. 

Attest, JOHN COTTON, jD. Sec'ry. 

The committee of both Houses, on the petition of 
Seth Sweetser and others, belonging to the co mpany 
o r propriet y owning lands known by the name o f 
P ernaquid lands , and the answ^er of Thomas Drowne, 
agent forjeye ral of the pro prietors in answer thereto, 
have attended the service, and the said agent having 
been fully satisfied by the petitioners, and having de- 
clared that he has now no remaining objections, the 
committee report that the prayer of said petition be 
granted, and that the proceedings of the said company 
or proprietry, relative to and at their several meetings, 
be ratified and confirmed, and declared to be valid to 
ail intents and purposes in the law ; any informality in 
their proa^dings relative to or at said meetings not- 
withstanl^lg. 

Which is submitted. 

JAMES PITTS, per Order. 

In Council y March 1, 1774 — 
Read and accepted, and ordered that the prayer of 
the petition be granted, and that the proceedings of 

U 



82 

the Pemaquid company jo^^ajled, relative to and a£ 
their several meetings, be and hereby are ratified and 
confirmed to all intents and purposes in the lav^ ; any 
informality in their proceedings relative to or at said 
meetings notwithstanding. 
Sent down for concurrence. 

JOHN COTTON, D. Sec'ry. 

In the House of Representatives^ March 1, 1774 — 
Read and concurred. 

T. GUSHING, Speaker. 
Consented to. 

T. HUTCHINSON. 

A true Copy. 

Attest, JOHN COTTON, D. Sec'ry. 

Examined and compared with a Copy from the 
Records of the General Court. 
A true Copy. 

THO'S. B. ADAMS, one of the Commissioners^ 



Indian Deed to Walter Phillips — N. 

February the \bth day^ 1661. 
THE condition of this obligation is such, that the 
within named Walter Phillips may well and truly^ 
peaceably have, hold, enjoy and possess, from the date 
of these presents, to him and his heirs and^Bgns for- 
ever, all and singular these lands, beginning c^he lower 
end of the Salt Pon at Damrascotty^ so tending right 
OTjer to Cauasisex river, due west nor-west, so tending 
right up in the country 3 leges frofn the mouth of the 
Fresh Falls, all the upland and marsh or marshes there 
belonging thereunto within the compass of the 3 leges 



4ibove mentioned, which lately was the lands of the 
within named S bounden Josle Sagamor of the said 
land, which said Walter Phillips had lately grant to 
him and his heirs and assigns, of the gift and grant of 
the said Josle, as by a certain deed by the same Josle to 
the aforesaid Walter Phillips thereof made, and under 
his seal of arms, sealed and subscribed with his own 
hand, more openly doth appear, without any molesta- 
tion, interruption, election, expulsion or recovery of 
the same, or any parcel thereof, by the said Josle, his 
heirs or assigns, or by any person, by reason of any 
right or title to him. or them before the date hereof 
mentioned. Dated in the year of our Lord God, 1651, 
ihat ilicn this present obligation. 

The marJce of JOSLE, (seal.) 
and Q his x ^^'^' 

A ^ 
The mark of A AGILKE, 

III 

Scaled and deli-vered in 

the presence of us, 
'JTaahoulot, 

AcmKE. 
This deed was recorded May 26, 1667, in records of 
Sheepscot, in a book now in the Secretary's Office in 
Boston. 

Attest, J, WILLARD, Sec'ry. 
January 13, 1730. 

A true Copy of the original received September 12, 
1737. Attest, JER. MOULTON, Reg. 

A true Copy from the Records of Deeds for the 
county of York, book 18, page 235. 

Attest, WILL'M. FROST, Reg. 



84 
Witfemse and others^ Deed to Walter Phillips — U. 

Anno Domini 1662, being ye. 19 day of January. 
THE condition of this obligation is such, that the 
within named Walter Phillips may well and truly, 
peaceably have, hold, enjoy and possess, from the date 
of these presents, to him and his heirs and assigns for- 
ever, all and singular those lands, beginning at Pen- 
cot sgowake^ the one half upwards to the lower e?id of the 
Salt Pand to the end of the land throughout to the 
ifidraff that comes out of the Salt Pa7idt so likewise 
from Pedcocgewake down to the uoke below the house 
of the said Walter Phillips, which the natives uses to 
carry their carmoes ouer to Cauesix riuer^ so likewise 
one the other side of the said meadow that lies west ?iorth 
west fr 07)1 Pedcocegowake 200 poles in length /lor-west, 
all marshes, fresh or salt, within the limits aboue men- 
tioned, which lately was the lands of the within named 
Wittinose Sagamore and Erle_DugleSi his brother Saga- 
inore, likewise of the said Pedecegow^ake, with said 
Walter Phillips had lately granted to him and his heirs 
and assigns, as the gift and grant of the said Wittinose 
and Erie Dugles, to the aforesaid Walter Phillips 
thereof made, and under their seal of armes, sealed 
and subscribed with their own hands more openly doth 
appear, without any molestation, interruption, election, 
expulsion or recovery of the same or any parcel there- 
of, by the said Wittinose or his brother Erie Dugles, 
tlieir heirs or assigns, or by any person, by reason of 
any right or title to them or any other Englishman, 
before the date abovementioned. 

Q. I K The mark o/ WITTINOSE, (seal.) 
8 II 8 The mark of BRLE DUGLES, (seal.) 
Sealed and delivered in 

the presence of us. 
The mark of A Abra. Walcot, 
The mark ^\ of Wn<LA_WoR0NOW. 



85 

This deed was recorded with the records of Sheep- 
scot, in a book now in the Secretary's office in Boston, 
Mar 1, 1665. 

Attest, J. WILLARD, SecVy. 

January 13, 1730. 

A true Copy of the original, received September 12, 
1737. Attest, JER. MOULTON, Reg. 

A true Copy from the Records of Deeds for the 
county of York, book 18, page 235. 

Attest, WILL'. FROST, Reg. 



DeecU Erie Dugle to PhiUips — J. 

BE it known unto all men by these presents, that I 
Erle-duj;-le3 Sa.a:amore , for good and valuable conside- 
ration by me ni hand received have given, granted, 
bargained and sold, and by these presents do give, 
grant, bargain and sell unto Walter Phillips of Dam- 
r as CO t ty, planter/ a tract of land lying and joiriiiig to a 
tract of land of Thomas KimboU one the easier side of 
Damarascoity Fresh Pond 'which is fiue hundred acres 
joining to the fresh fcdls. And I the said Earle-dug-les 
do for myself and heirs, executors or assigns make 
over unto the said Walter Phillips or his heirs, execu- 
tors or administrators or assigns all the remainder part 
of the said land on the easier side of Damarascoity fresh 
pofid, as hy as the head of the pond or any branch there- 
of and in breadth six miles^ with all trees, timber trees, 
mines, minerals, water and v^atercourses whatsoever, 
and ai! marsh meadows or swamps within the said lim- 
its, together with all right and interest and privileges, 
fis well by water as by land, tliereunto belonging. 

To have and to hold and peaceably to eiajoy to tlio 



Eaid Walter and his heirs, executors or administratorg 
pr assigns forjever y^ith warranty against all manner of 
persons whatsoever. In witness whereof I have here- 
unto set my hand and seal the 28 day of December, 
in the year of our Lord God one thousand six hundred 
seventy four. 

The mark of ^^"""^^ ERLEDUG^ES, (ls.) 

Sealed signed and delivered 

in presence of us, 
The mark of Y mer Daw, 
The mark John B. Brow/ie, 
The mark I P of John Paine, 

Recorded in the Public Notaries Office at Boston,iri 
New-England — Libo. primo— folo. 160, this B day of 
January, Anno Domini, 1730. 

Per BENJa. ROLFE, Nof. Puh. 
A true copy of the original, received Sept. 12, 1737^ 

Attest, JER. MOULTON, i^^«-. 
A true copy from the Record of Deeds for the Coun- 
ty of York — book 18, page 235. 

Attest, Wm. FROST, Reg. 



Tajypaih Deed to Phillips — z. 

TO all Christian people to whom this present writing 
shall come, to be read or understood, greeting : 

Know ye, that I Wal jei Phill ips, of Salem village 
and county of Essex, in her Majesties Province of the 
Massachusetts Bay, in New-England, yeoman, for 
divers good causes and lawful considerations, me here- 
unto moving, but more especially for and in considera- 
tion of one hundred and ten pounds lawful money of 



87 

New-England, to me in hand paid by Christopher Tap- 
pa,n, of the town of Newbury, in New-England afore- 
said, clerk, the receipt whereof I the said Walter Phil^ 
lips do acknowledge, and myself therewith fully satis- 
fied and contented, and do therefore, for myself, my 
heirs, executors, administrators and assigns, acquit, 
exonerate and discharge the said Christopher Tappan, 
his heirs, executors, administrators and assigns, from 
every part and parcel thereof — have therefore given, 
granted, bargained, sold, and do by these presents give, 
grant, bargain and sell unto him the said Christopher 
Tappan all and singular the lands, hegimiing at the 
lower end of the Sal t pond at Damascofty^ in Ne% v- 
Dartmouth<^ in the county of CornwalL i n New-Knglnnd , 
and so running right over to Cauesisick riy.e r, due west 
north west, so tending right up the country three leagues 
from the mouth of the FreshJfaUj — all the upland marsh 
or marshes there thereunto belonging within the com- 
pass of the three leagues within mentioned, with all 
the trees, timber trees and other privileges thereto ap- 
pertaining, which lands, marsh or marshes I f ormerly 
b ought of Josle Sagamore, Indian, as appears by a 
deed under the hand and seal of said Josle Sagamore, 
given unto me said Walter Phillips — I also, I give and 
grant unto said Christopher Tappan, his heirs or as- 
signs, all the land beginning at Pedcokegowake and 
'extending upwards to the lower end of the Salt pondf 
and all the land throughout to the indraught that comes 
out of the Salt pond, so likewise from Pedcokegowake 
down to the roc lv below my former dwelling-house, so 
likewise of the said meadow that lies west north west 
from Pedcokegowake, two hundred poles in length 
north west, with all marshes, fresh or salt, within the 
limits abovementioned, whi ch lands I the said Walt er 
Phillips boug ht of Wittenose a nd EaiLDilg:less, Indi; 
a ns, the then possessorsthereof, all the above demised 
premisesTTthe said Walter T^i Hips do give, grant and 



88 

confirm unto the said Christopher Tappan, his heirs, 
executors or assigns — to have and to hold all the above 
mentioned premises, as a firm, sure and absolute estate 
of inheritance in fee simple forever — and I the said 
Walter Bhillips do promise and engage, that I have 
good right, full power and lawful authority, to bargain 
for and sell the hereby demised premises, and that I 
will at all times hereafter warrant and defend said 
Christopher Tappan, his heirs or assigns, from all per- 
son or persons whatsoever, from laying any lawful 
claims thereto, or any part thereof, from, by or under 
myself, heirs, executors, administrators or assigns — and 
that I will do any other or further act or acts, thing or 
things, for the more firm and effectual conveyance of 
the same. , , 

In witness whereof, and for confirmation of all and 
singular the premises above said, I have hereunto set 
my hand and seal, this tenth day of November, one 
thousand seven hundred and two, and the first year of 
her Majesties reign Anne, by the grace of God, Q,ueen 
of England, Scotland, France and Ireland, Defender 
of the Faith. 

WALTER PHILLIPS, (seal.) 
Signed, sealed and delivered 

in presence of us, 

John Emerson, 

Abra'm. Hill. 

Essex, Lyn7i, Nov. 10, 1702. The above named 
Walter Phillips personally appeared before me the sub- 
scriber, and acknowledged the above ^vritten instru- 
ment to be his act and deed. 

JOHN BURRILL, j. p. 

A true Copy of the original, received September 12, 
1737. Attest, JER. MOULTON, Reg, 

Received on Record, May 27, 1713. 



89 

Esser, ss. This deed is recorded with the records of 
said county, in lib. 25, folio 201. 

Examined, per STEPHEN SEWALL, Recorder. 

A true Copy of Record of Deeds for the county of 
York, book 18, page 236. 

Attest, WILUm. frost, Reg. 



Depositions in Tappans claim. 

To all christian people to whom this present writing 
shall come to be read or understood, Greeting : 

Know ye, that I Walter Phiinps_of Salem village, 
in the county of Essex, in her majesties Province of 
the Massachusetts Bay, in New-England, yeoman, for 
divers good and lawful causes and considerations here- 
unto moveing, but more especially for and in conside- 
ration of one hundred and ten pounds lawful money 
of New-England, to me in hand paid by Christopher 
Tappan of the town of Newbury, in New-England a- 
foresaid, clerk ; have therefore given, granted, bar- 
gained and sold, and do by these presents do give, 
grant, bargain, enfeof and confirm unto him the said 
Christopher Tappan, a certain tract and parcel of land 
lying and being in the county of Corjiwall, in JVew Dart- 
mouth., in New-England^ and adjoining to the land of 
Thomas Kimball on the easterside of Damescotty fresk 
pondi, which is hundred acres joining to the 

fresh falls^ and I the said Walter Phillips doe for my^ 
self, my heirs, executors, administrators and assigns^, 
make over and confirm unto the said Christopher Tap- 
pan, his heirs, executors, administrators and assigns, 
all the remaining pirt of said land one tha easternside 
12 



90 

of Damascotty fresh pond as high as the head of the pond 
or any branch thereoff, and in breadth six miles, with 
all trees, timber trees, mines, mineralls, water and wa- 
ter courses whatsoever, and all marsh meadows and 
swamps whatsoever within the said limitts, together 
with all rights, interests and privileges as well by wa- 
ter as by land yr,unto belonging, which lands I for- 
r merly bought of Josle Sagamore, E arl Di/g lass and 
/ JVittongs^x Indians, the proprietors thereof as appears 
by deeds under the hands and seals given unto me the 
said Walter Phillips. I also give unto said Christo- 
pher Tappan all my other lands, rights and titles there 
whatsoever. To have and to hold all the above said 
land, meadow swamps, with all the priviliges yr,unto 
belonging, to him and his heires forever. And I the 
said Walter Phillips for myself, my heires, executors, 
administrators and assigns, doe covenant, promise and 
engage to and with the said Christopher Tappan, his 
heires, executors and administrators and assigns, that 
the hereby demised premises is free and clear, and is 
freely and clearly acquitted, exonerated and discharg- 
ed' of and from all manner of former gifts, grants, bar- 
gains, sales, bonds, bills, entayles or any other incum- 
brance whatsoever ; and that I have good right, full 
power and lawful authority, to bargain for and sell the 
hereby demised premises, and that I will at all times 
forever hereafter warrant and defend the said Christo- 
pher Tappan, his heires, executors or assigns, from all 
person or persons w^hatsoever, from laying any lawful 
claim yr. unto, or any part yr. off, from, by or under 
myself, heires, executors, administrators or assigns — 
and that I will doe any other or further act or acts, 
thing or things, for the more firm and effectual con- 
veyance of the same. In witness whereoff, and for 
confirmation of all and singular the premises abovesaid, 
I have hereunto set my hand and seal, this tenth day 
of November, one thousand seven hundred and twoj 



91 

and in the first year of her Majesties reign Anne, by 
the grace of God, Q,ueen of England, Scotland, &c. 
Defender of the Faith. 

WALTER PHILLIPS, (seaj:=.) 

Signed, sealed and delivered 
in presence of us, 
Jolm Emersoji, 
Abraham Hill. 

Essexy ss. Lynn, November 10, 1702. The above 
named Walter Phillips personally appeared before me 
the subscriber, and acknowledged the above written to 
be his act and deed. 

JOHN BURRIL, j. p. 

York, ss. Received September 12, 1737, and re- 
corded with the Records for Deeds in said county, lib. 
18, folio 216, 217. 

Attest, JER. MOULTON, Reg. 

W. A true Copy — examined pr. 

E. W. RIPLEY, Clerk of Commissiorh 



Tappan's Lease to Pearman — g. 

ARTICLES of agreement made between Christo- 
pher Tappan, of Newbury, in the county of Essex, in 
the Province of the Massachusetts Bay, in New-Eng- 
land, clerk, on the one part, and John Pearman and 
Joseph Winter, now dwelling at Damariscotty, within 
the township called New-Castle, in the county of York, 
husbandman, on the other part, viz. 

L That the said Jofen Pearman and Joseph Win- 



92 

ter are to have and improve all that certain tract and 
parcel of land lying and being on Damariscotty river, 
beginning at the run of water next to the place where 
Dr. Winsoe now dwells, and so to run upwards by 
said river side, round the rock, to the upper end of the 
Salt Meadows, and thence up to the Fresh Meadow, 
and from thence on a strait line south westerly till a 
line from the northerly side of the upper end of the 
aforesaid run of water shall meet it. 

2. That the aforesaid John Pearman and Joseph 
Wiriter have leave and liberty to cut so much of the 
Fresh Meadow, above the aforementioned land, as shall 
be sufficient to keep and maintain, together with what 
hay may be cut on the Salt Marsh, whatever stock of 
cattle or sheep said Christopher Tappan shall putt upon 
said land. 

3. That the said John Pearman and Joseph Winter 
are to have and improve tbe said tract of land during 
the space of six years from the date hereof, except said 
Christopher Tappan, by himself or heires, shall see 
good to improve any part thereof, by putting any other 
tenant or tenants thereon. 

4. That the said John Pearman and Joseph Winter 
are, with what land is already cleared, to clear and 
break up or plough, at least six acres of land, during 
the term of the aforesaid space of six years, and the 
said Christopher Tappan to have annually on third part 
of the cropps or produce thereof. 

5. That whatever stock of cows and sheep the said 
Christopher Tappan shall put on said island, he to have 
on half of the increase of them, half the butter & cheese 
that shall be made, the increase of the cattle and sheep, 
to be divided whenever by said Christopher Tappan 
desired ; he is also annually to have one half of the 
sheeps wool yn. they are sheared ; and in case the said 
Christopher Tappan put any swine on said land, he is 



93 

to have one half of the increase of them, and both cat. 
tie, sheep and swine at first put on said land to be said 
Christopher Tappan's, and to be disposed of by him as 
hee shall see good. 

6. That the said John Pearman and Joseph Winter 
are to fence in with a good and sufficient fence, so 
much of the aforesaid land as they shall think conve- 
nient, and the said Christopher Tappan to allow towards 
it what he shall judge proper. 

7. That the said John Pearman and Joseph Winter 
are to repair and fit up the house where the said John 
Pearman now dwells, and the said Christopher Tappan 
to find timber, boards and nayles. 

To the true and well performance of all which ye. 
above said articles of agreement, we the aforesaid 
Christopher Tappan, on the one part, and John Pear- 
man and Joseph Winter joyntly and severally, on the 
other part, have hereunto interchangeably sett our 
hands and seals, this ninth day of June, and in the 
sixth year of the reign of Geerge the Second, King of 
Great Britain, ^c. and in the year of our I^ord GOD, 
1733, 

CHRISTOPHER TAPPAN, (seal.) 

HIS 

JOHN X PEARMAN, (seal.) 

MARK. 

JOSEPH WINTER, (seal.) 
Signed, sealed and delivered 
in presence of 
Nathaniel Wmshw, ' 

HIS 

Elr'sha X Winslowt 

MARK. 

Thomas Hall. 

The following indorsed on the aforegoing instru- 
ment, viz. 



" June 9th, 1733 — Then received of Christopher 
Tappan, of Newbury, two oxen and four steers, four 
years old each, three yokes, with proper irons belong- 
ing to them, two new iron chains,'an iron crow, a new 
iron shovel and spade, a new plough, a pair of new cart 
wheels, a new copps and pin, a handsaw and ho we, a 
large grindstone, with an iron crank, all which oxen 
and steers, with the other things above mentioned, w© 
jointly and severally promise and oblige ourselves to 
re-deliver or return to said Christopher Tappan, or 
order, upon demand — as witness our hands the day 
and year above written. 

HIS 

John X Pearman, 

MARK. 

Joseph Winterc 
It is understood before the wit- 
nessing the above written 
receipt, that the givers of 
the receipt, viz. John Pear- 
man and Joseph Winter, are 
to have the young oxen or 
steers, for the space of three 
years, but the elder oxen to 
be exchanged at any time 
when the said Christopher 
Tappan shall see good. 

A true Copy — Examined 

by EL. W, RIPLEY, Cleric of Commission, 



95 
Samuel GatchelVs Deposition — I. 

THE deposition of Samuel Gatchell, aged abouS 
forfy-eight years, testifieth and saith, that about seven- 
teen or eighteen years since, I ye. deponent, together 
with Michael Thomas, went to Damariscotty river, in 
the eastern parts, in the county of York, by order and 
in the right of the Rev. Mr. Christopher Tappan, of 
Newbury, and built a house there on the \Test side of 
the river, near ye. lower salt water falls on the first 
point, and fenced in about three or four acres of land, 
which inclosed the place where a house former lv^stood, 
there Jjeinp; part oj^an old chimney then standing;. I 
the deponent lived there about ten months, and came 
away some Ume before the last Indian jwar broke out, 
leaving the said Thomas with his wife and family 
there, and that no p erson lived there at that t ime, ex- 
cept ye. Indiaii s, and before I ye. deponent came away,. 
I did, with the said Michael Thomas, mow grass far 
said Tappan's cattle, upon ye. upl and by ve. orcha rd, 
and ye. salt marsh near the bay. 

SAMUEL GATCHELL. 

York^ ss. Kittery<f November 11, 1737. Samuel 
Gatchell, above named, made oatli to ye. truth of the 
above written deposition, by him subscribed, taken iti 
perpetuam rei memoriam — before 

Samuel Came, ^ Justice of the Peace ^ of 

Nicholas Shapleigh, J the Quorum, unus. 

A true Copy — Examined 

/&;/ EL. W. RIPLEY, Clerk cf Crmmiss^ion., 



90 

Benjamin Cheney's deposition — f. 

Benjamin Cheney of full age testifieth and saith, 
that about sixteen year agoe, I was sent down by Mr. 
Christopher Toppan in his employ to a place in the 
eastern country called Dammeras Scotty, and there 
was then living there as a Tennent to said Mr. Christo- 
pher Toppan one Michael Thomas with whom I keept, 
in a house on a small point a little below the lower 
falls where we broke up land and sowed pease. We 
also broke up su?;/e land in sd. Mr. Toppan's wright on 
the neck of land yt. lays above the lower falls on the 
werstern side of the river above the house where we 
dwelt and planted indian corn on sd. land. I also tes- 
tife and say that sd. Michael Thomas and I feenest in 
for a pasture for severell oxen and other cattle which 
sd. Mr. Toppan had there a large tract of land running 
from the brook that runs unto ye. cove, jest below the 
louer falls and sowtherly on the side of a great long hill 
to another brook below the dore^ and where Walter 
Phillips was said first to dwell when he came to Dara- 
merascotty and improved said pasture in said Toppan's 
right. I also testifies and say that we cut ye. fresh 
meadow that lays btwene Dammeras Scotty and Sheep- 
scut as a meeddow belonging to said Mr. Christopher 
Toppan and the hay for his use. I also testifie and say 
that whenj w as th ere, there often came sevejlLJndhis, 
one called capt^^Nathaniel, another called capt. John 
00 Ne Worm et, and a veTy^old Squaw who said that for- 
merly she lived there~aTidThaFherJiusban^ one of 
them _yt. sold th e land to WaltgjiFhiUips, and all of 
themsaid that all ye. land there about was sold to sd. 
Phillips, and I never heard of any parson laying any 
dame to any land there besides said Christopher Top- 
pan. 

BENJAMIN CHENEY, 



97 

Esse^iNewbury^ Nov. 16, 1737. 
Then Benja. Cheney personally appearing before us 
the subscribers, two of his Majesties justices of the 
peace for the county of Essex aforesaid. Q^uorum unus, 
made oath to the truth of ye. above deposition. Ta- 
ken in perpetuam rei memoriam. 

Coram. CHARLES PEIRCE. 
JOHLN MARCH. 

A true copy—Examined per. 

E. W. RIPLEY, Clerk of Commission, 



Esther Roberts* Deposition — b. 

The deposition of Esther Roberts aged about seven- 
ty eight years, testifies and declares, that before the 
first war with the Eastern Indians about seventy years 
ago, she lived upon Sheepscot river in the eastward 
parts of New-England where she was born, as she has 
understood by her parents, and that she well knew one 
Waiter^ijllips who then lived on the westermost side 
Damarascotty fiver near the head of it, and that she 
had often been at said PhilHps house and that said 
Phillips was said to be owner of all the land therea- 
bouts, and as she had understood sd. Phillips had lived 
there a considerable number of years before. 

her i 

ESTHER X ROBERTS, 
mark 

SuJolk,ss. Boston, April SO, 17^5. 
Ester Roberts appearing made oath to the truth of 

13 



98 

the above declaration by her subscribed— Taken m 
perpetuam rei memoriam. 

HABIJAH SAVAGE, ? Justs. Peace 



A 



JNo. PAYER WEATHER, j Quorum Urius. 

A true copy — examined by 

El. W.RIPLEY, Clerk of Commissioners. 



John DalVs Deposition — c. 

. THE deposition of John Dal, of Salem, in the coun- 

(r- ih^'H ty of Essex, aged eighty years, testifieth and saith, 
' that he was at Arowsick Island , in the eastern parts, 
when the fort on said island was taken by the Indians? 
more then fifty years s ince, and he made escap e and 
went over the river to^heepscott, to thB" house of 
Thomas Gents, who then lived on Sheepscott Great 
Neck, so called, near the point, and from thence went 
over to Damaraseotty river to the house of Walter 
Phillips, which house stood on the westerly side of the 
said river, on a great hill, a little below the lowest falls, 
and there was near to said house ajnjorchard, and he 
then informed said Phillips, as he had done Gents be- 
fore, that the, Indiansjia d taken the fort ^t.^^i:Qwsick, 
and he alwaysun^rstood that thehouses and land 
whereon the said Gents and Phillips lived, was their 
proper estate, and he was also informed that the said 
Walter Phillips had, before that, made a settlement 
down the river, at a place called Winnaganee, which 
is near the sea side, and further saith that he had been 
sundry times before at the houses of the aforesaid Phil- 
lips and Gents, and that Janies^nUhi^son^jriJaw^f 
sajcLPhillips, lived in a house near said Phillips' house, 

HIS 

JOHN X DAIi, 

MARKE. 



99 

Essex, sal. Salem, March 12, 1734. Then John Dal 
personally appearing before us the subscribers, Daniel 
Epes and Timothy Lindatl, both justices of the peace 
for the county of Essex, anck both of the quorum, and 
made oath to the truth of ye. above deposition, taken 
in perpetuam rei memoriam. 

TIMOTHY LINDALL, 
DANI£L EPES. 

York, ss. Received May 4, 1736, and recorded with 
the records for deeds in said county, lib. 18, folio 2. 
Attest, JER. MOULTON, Reg. 

A true Copy — Examined by 

EL. W.RIPLEY, Clerk of Commission. 



Saimicl SmalVs Deposition — d. 

THE deposition of Samuel Small, aged about seven- 
ty three years, tegtifieth and saith, that he the deponant 
was, when m hia youth, a servant to Henry Joslin,Esq 
then a magistrate in the eastern parts, and lived with said 
Joslin several years at Pemaquid, and was well ac- 
quainted with the eastern parts in the now county of 
York, and that in t he time that Sir Edmund Andross 
w as GovernouflnrTTevv-EngTahd, ye. deponent was 
often at a place called Damariscotty, and often fetched 
apples from an orchard i n the western side of Dama- 
riscotty river, which was called/ PhilUps's orchard, / 
being a little distance below the lower salt water fails 
in said river, and that there was then at that place, the 
remains of a house then said to be Phillips' dwelling 
house, and there had b efore that time been very great 
improvements of ye. lanjithere made (as I was inform- 



100 

ed) by ye. said Phillip s, who was reputed ye. owner of 
a great tract of land at Damariscotty, and that it was 
then reported that said_ ^hillips had bee n jriy en off 
from that place by the Indians, and escap ed only with 
his life^with the loss of all h is good s — and the'^^pbnent 
further saith, that the land round ye. bay was called 
Phillips his land, and that the deponant saw the place 
where one Scott and one Taylor was said to have 
lived, b ut the land was calle d_PhiHips' and all the land 
on the western side of the river to the Fresh Pond, and 
on ye. western side of said Pond, which the deponent 
heard from ye. ancient inhabitants, who sa4d they knew 
ye. said Phillips when he lived there. 

SAMUEL SMALL. 

Yorlc^ ss. Kitiery^ No've77iber 11, 1737. Samuel 
Small, above named, made oath to ye. truth of ye. 
above written deposition, by him subscribed, taken in 
perpetuam rei memoriam — before 

Samuel Came^ ") Justices of the Peace and 

Nicholas Shapleig h^ j of ^he Quorum, unus. 

A true Copy — Examined 

by EL. W. RIPLEY, Clerk of the Commission. 



John Curtiss* Deposition — a. 

THE deposition of John Curtiss, of Marblehead* 
aged about geventy-nine years, who testifieth and saith> 
that some time above sixty years past, he this deponent 
was an inhabitant at the mouth of Sheepscott river, in 
ye. eastern parts of this country, and was w^ell ac- 
quainted with Thomas Ghent, w^ho lived up Sheepscott 



iOl 

river, on the eastward side of Sheepscot Great Neck, 
so called, near the point, and that he had been sundry 
times at said Thomas Ghent's house, and that Thomas 
Ghent had lived there some considerable time past, 
and he this deponent then understood said Ghent lived 
in his own house, and on his own land, and he never 
heard that any other person laid claim thereunto, until 
he was informed the Rev. Mr. Tappan, of Newbury, 
had purch ased of and claimed under said Ghent, and 
he this deponent further saith, that some time above 
sixty years past, he was well acquainted with Dama- 
rascotty river, and was at the house of Walter Phillips, 
who at that time lived up said Damarasscotty river, on 
the westerly side of said river, somewhat below the 
Great Falls, and was a man of considerable note in 
those parts, and had lived there some considerable time 
past, and he this deponent then understood said Walter 
Phillips lived in his own house and on his own land, 
and he never heard that any other person laid claim 
thereunto, till he was informed the Rev. Mr. Tappan, 
of Newbi/ry, had purchased of and claimed under said 
Phillips. 

The mark f£ of 
JOHN CURTISS. - 

EsseXiSs, Marbiehead.May ^,17SQ. Then JohnCurtise 
personally appearing before us the subscribers,tvvo of his 
Majesty's justices of the peace for the county of Essex 
aforesaid, quorum unus, and made oath to the truth of 
the above deposition, taken in perpetuam rei memoriam^ 
We say made oath. 

Coram TIMOTHY LINDALL, 
JOSHUA ORNE. 

A true Copy — Examined 

by EL. W. RIPLEY, Clerk of Co?nmission. 



102 
Surplus Mars* Deposition — x. 

I Surplus Mars, of Berwick, in the county of York^ 
and comniQnwealth of Massachusetts, yeoman, aged 
seventy four years, testify and say, that in the year 
1 749, Doctor Bezaliel Tappan, of Salem, son of the 
the Kev. Christopher Tappan, of Newbury, employed 
Mr. John Godsoe, surv'eyor, o f Ki ttery, to go with him 
th« said Bazaliel, to Sheepscot and Damariscotty, to 
run out a large tract of land for himself and the other 
heirs of the said Christopher Tappan, by order of court, 
and he the said Bazaliel employed me the deponent 
and Mr. James Grant, of Mount Sweaque, as chainmen 
for the survey, and was duly sworn for the same — We 
began the survey early in the month of September, in 
the year of 1749, and run out all Tappan's claim, from 
Sheepscott river to Broad Bay — We were from early 
in September to the first of November following, run- 
ning said land —Doctor Tappan had a vessel, a schooner 
of abou t one hun dred^ jons, lyipS i" Sheepscott river 
all t he time w^e were t aking th e sur vey, an?^e we nt 
o n board said schooner ever y Saturda y night — ^Dc cto r 
Ta ppan carried hi s knaps ajck_^ougEjh e woods , and 
attended us throujjh the whole oT said~survey! And I 
remember very w6ll, that the surveyor and the Doctor 
often looked at the papers (as I suppose) to direct them 
in the survey — Beginning at Damariscotty Falls, and 
running by the east side of the pond called Damaris- 
cotty Pond, and branch of the pond, as far as Doctor 
Tappan directed, and then we run east, how far I do not 
remember, and then by direction of said Tappan to the 
salt water in Broad Bay, and then down the Bay as he 
directed, and to the westward to Damariscotty river, to 
our first beginning — and further saith not. Dated at 
Berwick, the twenty-fourth day of September, Anno 
Domini 1803. 

SURPLUS MARSc 



103 

Sworn to before ANDREW P. TERNALD 

A true Copy— Examined 

hy EL. W. RIPLEY, Clerk of Commission, 



Surplus Mars^ Deposition — a. k. 

I Surplus^lars, of Berwick, in the county of York, 
and commonwealth of Massachusetts, yeoman, aged 
^■yeijj^ht y one years, testify and say, that in the year one 
thousand seven hu ndred and forty -nine, being then 
twentyyears of age, J ohn Godsoe was appointed sur- 
veyor, and James Grant and myself his chainmen , to 
go to Damascotty and run out certain lands in that 
country for Tappan, we began to the best of my recol- 
lection at Whislow^s_garrispn, and run over to a place 
called Indian Hill, on the west side of the river — as I 
was only a chainman, I kept no minutes, and cannot at 
this time recollect the courses we run — Eliot Vaughn n 
lived there, and to the best of my knowledge had mills 
— I was at his house, and dinecl with him ; he was 
present at the survey with Tappan ; they disputed 
about the land ; Vaughan at that time claimed tlic 
land, and was there doeing business — I afterwards was 
summoned as a witness, by Tappan, in an action againsf. 
Vaughan, and attended court eleven days for Tappan, 
at wiiich court Vaughan recovered judgment aguin:;t 
Tappan. 

SURPLUS MARS. 

N. B. The words "• for Tap- 
pan," were interlined before 
the deponent signed this depo 
sitiou. 



104 
Commonwealth of Massachusetts. 

York^ ss. Town of Berwick, in the county of York, 
this fifteenth day of October, in the year of our Lord 
eighteen hundred and ten, personally appeared before 
us the subscribers, two justices of the peace in and for 
the county of York, quorum unis, the aforesaid depo- 
nent, and after being carefully examined and duly 
cautioned to testify the whole truth and nothing but 
the truth, made oath that the foregoing deposition by 
him subscribed is true — taken at the request of James 
Noble, to be preserved in perpetual remembrance of the 
thing. We not knowing any persons living within 
twenty miles of said place of caption, interested in the 
property whereto the aforesaid deposition relates, did 
not notify any persons to attend. 

Dudley Hubbard, 1 Justice of the Peace £5" of 
William Highty J the Quorum, unis. 

Lincoln, ss. Rec'd Dec, 11, 1810, and entered with 
the records of deeds for said county, lib. 74, folio 202. 

WARREN RICE, Reg. 

A true Copy from original — examined by 

E. W. RIPLEY, Clerk of Commission. 



Copy of Judgment^ Vaughan v. Tappan — A. i. 

Proinnce of the Massachusetts Bay-, York, ss. 

ANNO Regni Regis Georgii Secundi Magnee Brit- 
tanica Francia et Hibernia Decimo Sexto. 

At his Majesties Superior Court of Judicature, Court 
of Assize and General Gaol Delivery, begun and held 
at York, within and for the county of York, on the 



105 

third Wednesday of June, being the slxteentli day of 
the said month, Annoque Domini 1742 — Christopher 
Tappan, of Newbury, in the county of Kssex, clerk, 
appellant, vs. William Vaughan, of a place called 
Damariscotta, in the county of York, gentleman, (which 
D ^ariscotta lies not within the boundaries of any 
t ownship ) appellee from the judgment of an Inferior 
Court of Common Pleas, held at York for the county 
of York, on the first Tuesday of July last, when and 
where the appellant was plaintiff, and the appellant, 
together with J ane Vaii^d iaila gentlev/oman, Ichabod 
Lins cot and Josiah Clark , millmen, William Blackstone , 
housewright, and Bray^- Deiiring , gentleman, all of 
Damariscotta aforesaid, were defendants, in a plea of 
ejectment, wherein he demands against them, (and one 
John Dearing, who was not served with the writ) a 
messuage, seven cottages, two double saw mills, and 
one grist mill, with fifty acres of upland, whereon the 
edifices aforesaid stand, situate in Damariscotty river, 
northerly by Damariscotty aforesaid, and bounded 
Southerly by Salt Water Pond or Bay, at the 
head of Damariscotty Fresh Water Pond, easter- 
ly and westerly by the said Christopher's land, with 
the appurtenances thereof, and says that he the said 
Christopher was seized of the aforesaid fifty acres of 
land in his demesne, as of fee and right in time of 
peace, in his present majesties reign, taking the esplus 
thereof to the value of twenty shillings by the year, 
and of which the said William Vaughan, Ichabod 
Linscot, Josiah Clark, William Blackstone, Bray Dear- 
ing and John Dearing, have unjustly and without judg- 
ment, disseized the said Christopher, within thirty 
years last past, and they still unjusMy withhold from 
him the lands and tenements aforesaid, to the damage 
of the said Christopher Tappan, as he says, the sum of 
ten thousand pounds— at which said inferior court the 
said William Vaughan desired to take the action upon 
himself to defend tl\e whole suit., and being admitted 
sole defendant, judgment was rendered that he the said 
14 



106 

William Vaughan should recover against the said 
Christopher Tappan costs of court— Both parties now 
appeared, the case, after a full hearing, was committed 
to the jury, who were sworn according to law to try 
the same, who returned their verdict thereon upon oath, 
that is to say, they find for the appellee confirmation of 
the former judgment and costs of court — It is there- 
fore considered by the court, that the former judgment 
be and hereby is confirmed, and that the said William 
Vaughan shall recover against the s id Christopher 
Tappan costs of court, taxed at 1. 14, 15, 9. 

-A true Copy as appears of record, 

Examined by JOHN TUCKER, clerk. 

Execution issued 7 
July 24, 1742. \ 

A Copy of the above said Copy, 
Examined by 
EL. W. RIPLEY, clerk of the commission. 



Somersefs Deed to Brown — h. 

TO all people whom it may concern. Know ye, that 
I Captain John Somerset and Unongoit, Indian saga- 
mores, they being the proper heirs to all the lands on 
both sides of Muscongus river, have bargained and 
sould to John Brown, of New-Harbour, this certain 
tract or parcell of land as followeth, that is to say, 
beginning at Pemaquid Falls and so running a direct 
course to the head of New-Harbour, from thence to 
the south end of Muscongus Island, taking in the 
island, and so running five and jtwent v miles in to the 
country north and by east, and thence eight miles 

>/ix^.iyjn^i^r,Jf%wHfi^^''^ ^t X<«.-^ -^^t.. //.i^-^ /...^ <c^.,.rt.',' ''^' 



107 

north-west and by west, and then turning and runnuig 
south and by west, to Pemaquid, where first begun — 
To all which lands above bounded, the said Captain 
John Somerset and Unnongoit, Indian sagamores, have 
granted and made over to the above said John Brown, 
of New-Harbour, in and for consideration of jifty 
skins, to us in hand paid, to our full satisfaction, for the 
above mentioned lands, and we the above said Indian 
sagamores, do bind ourselves and our heirs forever, to 
defend the above said John Brown and his heirs in the 
quiet and peaceable possession of the above said lands. 
In witness whereunto, I the said Captain John Somer- 
set and Unnongoit, have set our hands and seals, this 
fifteen th day of July, in the year of our Lord God, one 
thousand six hundred and twenty-five. 

Captain John Somerset^ (his mark and a seal.) 

Unnongoit, (his mark and a seal.) 

Signed and sealed in 
presence of us, 
Matthew Newman, 
William Cox. # 

July 24, 1626. Captain John Somerset and Unnon= 
goit, Indian sagamores, personally appeared, and ac- 
knowledged this instrument to be their act and deed, 
at Pemaquid, before me, 

Abraham Shiirt. 

Charlestown, December 26, 1 720 . Rec'd and at the 

request and instance of J ames Stilspn and his sistpr^ 

I^Iai ggi^et Hilton, formerly Stils^n ^ they being the 

^laimers and lieirs of said lands, accordinglyentered. 

per Samuel Phipps, one of the Clerks of the 

Committee for Eastern lands. 

A true Copy— Examined per 

Simon Frost, Dep. Sec'ry, 



108 

Lincoln^ ss. Rec'd June 12, 1810, and entered with 
the records for deeds for said county, Ub. 74, foho 6. 

Attest, Warren Rice, Reg. 

A true Copy — Examined by 

EL. W. RIPLEY, clerk of commis3io?t. 



Simon Frosfs Deposition — 2. h. 

THE deposition of Simon Frost, Esq. of lawful age, 
declares and says, that about twenty-five years ago, 
and for divers years before that time, he acted by com- 
mission as Deputy Secretary, under the late Hon. Jo- 
siah Willard, Esq. then Secretary of the province of 
the Massachusetts Bay, in his office at Boston, and 
within that time he drew from one of the books in 
said office, called ^he Book of Records of Eastern 
Claims of Lands, lying in the eastern parts of the said 
province, the annexed deed of Captain John Somerset 
and Unnongoit, Indian sagamores, to John Brown, 
which was there fairly recorded, and of which the an- 
nexed deed and acknowledgement, with the authenti- 
cation, is a true copy, as then attested by me, and the 
declarant further says, that at the time when the court- 
house in Boston was burnt, about seventeen years ago, 
he was Representative for the town of Kittery in the 
General Court of said province, and was appointed to 
make search for and collect ye. books and papers be- 
longing to said office, that were preserved from the 
flames by the inhabitants of said tovv^n, and that neither 
the declarant, nor any other person to his knowledge, 
ever found the said book of Eastern Records, but it 



109 

was supposed the same, with several other books, were 
then consumed by fire — and further saith not. 

Simon Fros^. 
Kittery, June 20, 1765. 

Simon Frost, Esq. personally appearing, made solemn 
oath to the truth of the above deposition by him signed, 
tak#h at the request of James Noble, Esq. inperpetuam 
rei memoriam — before 

Daniel M®ulton-i \ Both of the 
John Troupi J Quorum. 

Lincoln^ ss. Rec'd June 12, 1^10, and entered with 
the Records for Deeds for said county, lib. 74, folio 7. 

Attest, Warren Rice, Reg. 

A true Copy of a Copy, 
Examined by 

EL. W. RIPLEY, clerk of commission. 



Deed of John Bro'tmi-, sen — a. d. j 

John Brown, sen. to John Brown, received on record 
January 1 9th, 1720—21. To all people to whom these 
presents shall come, Jo]in Brown, of Framingham, in 
the county of Middlesex, in New-England, sendeth 
greeting : — Now know ye, that 1 the said John Brown, 
divers good causes and considerations, me thereunto 
moving, more especially for and in consideration of 
the paternal affection which I bear unto my dutifull, 
w^ell beloved and only son, John Brown, of Saco, alias 
BiddefoVd, in the county of York, have and hereby do 
most freely, fully, clearly and absolutely, give, grant, 
set over and confirm unto my said only son John Brown, 



no 

Ms heirs, executors, administrators and assigns forever, 
all my right, title, interest, property, claim and demand 
whatsoever, in and unto all those my lands, lying and 
being situated in New-Harbour, Damariscotta and 
Sheepscott, alias Dartmouth, either in the province of 
the Massachusetts Bay, in New-England, or in Ana- 
pallus Royal. 

To have and to hold the said parcells of land, how- 
soever bounded, or reputed to be bounded, unto him 
the said John Brown, his heirs, executors, administra- 
tors and assigns forever, in a good, sure and perfect 
estate of inheritance forever, without any lawfull let, 
trouble, disturbance or interruption, of, by or from me 
the said grantor, my heirs, executors and administra- 
tors forever In witness whereof, I the said John 
Brown, and Elizabeth, my wife, consenting thereunto, 
have hereunto affixed our hands and seals, this seventh 
day of December, in the year of our Lord one thousand 
seven hundred and twenty, and in the seventh year of 
the reign of our Sovereign Lord George of Great Brit- 
ain, ^c. King. 

HIS 

John B. Brewn, [and a Seal.] 

MARK. 

HUR 

Elizabeth 2 Brown, [and a Seal.} 

MARK. 

Signed, sealed and delivered 

in presence of us witnesses, 

Joseph Stanhope, 

Ralph Hemmanway, 

Joshua Htmmafiway, 

Middlesex, ss, D-^cemher 10, 1720. John Brown and 
Elizabeth Brown personally appearing, acknowledged 
the present instrument to be tlieir act and deed, before 
me Joseph Buokminster^ Justice of the Peace. 



Ill 



Salem, September 7, 1810. The aforewritten is a 
true copy of record, book 37, leaf 20. 

Attest, Amos Choafe^ Reg. 



John Pearce^s Deposition— n. 

THE deposition of J ohn Pearce, of Marblehead , ^ . 
aged more than s eventy years, who testifieth and saith,^«?2«»'^^^ 
r^that about fifty years ago, he was well acquainted in ^ f^' 
the eastern parts of this province, his the d eponent's 
fathe r living at a place called Miscongus — the deponent 
knew a pine tree in the westermost part of Broad Bay, 
which stood in a cove of said bay, lately called Broad 
Cove, and was called Sander G_ould 's bound tree of a 
large tract of land, the deponent understood was by 
deed from old John Brown, of New-Harbour, to said 
Gould and ms wife — which deed I the deponent have 
since seen, and I never heard any person claim that 
land but Gould's heirs, and I the deponent knew Wil- 
liam Stilton, who was one of the heirs of Sander Gould, 
lived there many years, and as I understood, till killed 
by the Indians ; and J. knew the three daughters of 
Sander Gould, viz. Margaret, Mary and Elizabeth; 
and I the deponent was well acquainted with John 
Brown, ^p n of old Jo hn^rown, of New-Harbour, who 
owned a large tract of land there, as I the deponent 
understood, by a deed from the Indians, (an ci I have 
si pce seen anlndian deed to old John Brown, of an- 
q[en t date,l on which land, at New-Harbou r, his son 
John Brown lived, whom I well knew ; and I the de- 
ponent never heard any person whatever claim any of 
said land but Brown, whose title in that day was always 
esteemed good ; and when the wars with the Indians 



11^ 

broke out, I the deponent took a vessel and thirty 
men, and brought my father's family away from 
thence; and the deponent saith that he understood 
that the Indian deed aforementioned, conveyed all the 
lands at New-Harbour and Broad Bay, that the said 
Gould and Brown claimed, and that about forty years 
ago, I tue deponent assisted at the survey of the lands 
aforesaid, the hues being then run according to the In- 
dian deed aforesaid ; and I remember well that the 
said tract was twenty-five miles long, and north and by 
east course, but the breadth I do not remember. 

John Pearce. 

Essex, ss. November 20, 1764. Then personally ap- 
peared, John Pearce, of Marblehead, in the said county 
of Essex, buker, and being carefully examined and 
cautioned, to testifie the whole truth relative to the 
several articles and things contained in the foregoing 
declaration by him subscribed, made solemn oath to 
the truth of the same, which is hereby taken m perpet' 
nam rei memoriam. ° ^ 

Coram Wm. Brown, Je. Pacis £5" Quorum unus, 

' Isaac Mansfield, Jus. Pacis. 

Lincoln^ ss. Rec'd Nov. 28, 1809, and entered with 
the records for deeds for said county, lib. 73, folio 37. 

Attest, Warren Rice, Reg. 

A true Copy — Examined by 

EL, W. RIPLEY, cler/c of co^fimission. 



113 

xWilliam Vaughan's Instrument— ^q. e. e. 

Whereas William Vaughan, of Damariscotta river, 
so called, in the county of York, gentleman, now pos- 
sesses a forty acre lott of land, lying and being in ye. 
Covvn Harrington, called No. 9, the bounds whereof 
are not as yet settled, which parcel! of land belongs to 
Shem Drown e, in his o wn c a pacity and as atto rney to 
ye. following persons, viz. Habijah Savag!:e, Es q. and 
Hannah, his wife, John Alford , Esq. and Margaret, his 
wife, Jonas Clark , Joshua \Vjnslow, Esq. and Elizabeth, 
his wife, Thomas Ruck , and Mary, his wife, Bryant 
Parro t, guardian to Abigail, Sarah and Timothy, his 
children, by his late wife Abigail, Sarah S wectser , John 
Philli&s , and Anna, his wife, Joanna Phillips, Sarah 
Mousell, Joseph Fitch, and Margaret, his wife, and 
John Kneelaiid, jun. guardian to Prudence, his child, 
by his late wife Prudence, all proprietors of the land 
aforesaid, does hereby promise and engage, that after 
a suitable time, when the butts and bounds of the said 
lot of land are stated and fixed, upon said Vaughan's 
delivery of this writing to himself in said capacity, to 
give unto the said William Vaughan, his heirs, agents 
or assigns, a good and lawful deed of the aforesaid lot 
of land, with the appurtenances thereto belonging, with 
a warrantee for the same ; provided, and it is hereby 
agreed between the said parties, that I the said William 
Vaughan, my heirs, agents or assigns, shall dwell upoa 
and improve the aforesaid granted premises, and will 
yearly, and every year forever, on the 29tlLdayLofSep- 
t^ember, being ye. Feast of St. Miclia el, &c. render and 
pay unto the said Shem Drowne and ye. said Habijah 
Savage, and Hannah, his wife, John Alford, Esq. and 
Margaret, his wife, Jonas Clark, Joshua Winslow, and 
Elizabeth, his wife, Thorrias Ruck, and Mary, his wife, 
Bryant Parrot, guardian as aforesaid, Sarah Sweetser, 
John Phillips, and Anna, his wifcj Joanna Phillips, Sa- 

15 



114 

rah Mousell, Joseph Fitch, and Margaret, Ms wife, 
and John Kneeland, jun. guardian as aforesaid, after 
ye. rate of two shilhngs, lawful money of England, 
for every hundred acres of arable land, or proportiona- 
bly thereto, when legally demanded, which shall be for 
ye. proper use and benefit of the said Shem Drowne 
and the said Habijah Savage, and Hannah, his wife, 
John Alford, and Margaret, his wife, Jonas Clark, 
Joshua W.inslow, and Elizabeth, his wife, Bryant Par- 
rot, guardian as aforesaid, Sarah Sweetser, John Phil- 
lips, and Anna, his wife, Joanna Phillips, Sarah Mou- 
sell, Joseph Fitch, and Margaret, his wife, and John 
Kneeland, jun. guardian as aforesaid, and their heirs 
and assigns. 

In witness whereof, the said William Vaughan hath 
hereunao set his hand and seal, this twenty-fourth day 
of September, Anno Domini 1736. 

N. B. The said Shem Drowne also promises, that if 
it suits with the intersst of the aforesaid proprietors, to 
change said lott for another near my mills at Damaris- 
cotta, the next spring. 

IV. Vaugh&Tii (l. s.) 
Signed, sealed and delivered 

in presence of 

Eph. Cropp, 

Jeremiah Howes. 

Examined and compared with the original 
A true Copy. 

THO'S. B. ADAMS, one of the commissioners. 



115 

John BrowrCs Deposition — d. d. d. 

The deposition of John Brown, of Framingham, a^ed 
about eighty-five years, testifieth and saith 4, jSsh" 

That he lived with his father John Brown, at and 
near New-Harbour, in the eastern country, not far 
from Pemaquid, till he was about thirty years of age, > { 
and that some time within that space, to his certain 
remembrance, h is brother in law Richard Pearce bought 
land of the Indians, about eight miles above his father's 
plantation at New-Harbour, which land he the said 
Pearce settled and lived upon, and that his father John 
Brown abovesaid was acquainted with it, and that he 
never knew or heard that he was against the purchase, 
or laid any claim to the said lands. Moreover, he tes- 
tifieth and saith, that his father told him, that he had a 
lease of his plantation at New-Harbour, under Mr. El- 
bridge, and Aldsworth, and moreover he remembers 
that his father laid claim to an island in the mouth of 
Broad Bay, called Sumorset island, and also to some 
lands at a place called Sawk Head, at the mouth of St. 
George's river, about three leagues eastward of New- 
Harbour, and that he doth not know, nor ever heard 
to his remembrance, that his father had any title, or 
laid any claim to any other lands at or about Moscan- 
lass river, or the Broad Bay, 

Middlesex, ss. February ye.' mntk^MW—'il. The 
above named John Brown personally appeared before 
me, one of his Majesty's justices of the peace for the 
county abovesaid, and solemnly made oath to what is 
above written. 

Joseph Buckminster. 

YorJc, ss. Received April 1, 1738, and recorded 
-With the records for deeds, &-c. lib. 20, folio 85. 

Attest, Jer. Moiiltoru Reg. 



116 

Examined and compared with the original. 
A true Copy. 
THO'S. B. ADAMS, one of the commissioners. 



Benjamin Pre^ooffs Deposition — f 1. 

The Deposition of Benjamin Prescott, Esq. of Dan- 
vers, testifieth and saith, that he was personally pres- 
ent aff Framingham when Mr. John Brown of said 
town made oath before Joseph Buckminster, Esq. to 
the truth of a certain testimony he then gave in. Be- 
ginning with these words, viz. That he lived with his 
father John Brow^n at or near New Harbour, &c. Da- 
ted Feby. 9th, 1720-21. And that in discourse with 
the said Brown and his wife fkan living he appeared to 
said Deponent to be of good understanding and mem- 
ory, and declared that he never heard of the claim 
made by Margaret Hilton, &c. 'till very lately and that 
he knew of no foundation for it, and that though his 
father John Brown lived with him at Boston the last 
years of his life. 

Further this Deponent saith, that in the year 1720 
he searched the Records of Eastern Claims at Charles- 
town and found no such claim entered as that of Mar- 
garet Hilton and James Stilson, &c. but some months 
after searching the same records, he found an entry of 
said claim of Hilton and Stilson but no date when it 
Avas received, upon which this Deponent says he asked 
the Clark, when that entry was made, telling him that, 
but about a month or two before it was not to be found 
in the Records, and that by the Law he had no right 
to receive any claims more, the time limited by law 
for bringing them in being expired, &c. — he than told 



117 

him the said Deponent he did not know that persons 
should lose by being a little negligent, and plainly told 
him also, that he had given a coppy of the entry as it 
stood, without a date, and therefore did not chuse ei- 
ther to put the date into the book or in attested coppy 
for him — but upon his said Deponents insisting upon it 
he gave him a coppy, at the end of which he added 
these words, viz. — Entored some time Xbr. 1 720. S. P. 
C. — and added the same in the margin of the Book of 
Records, further saith not. 

BENJn. prescott. 

Essex, ss. Salem, January 2S//i, 1765. 
Then Benjamin Prescott, Esq. abovenamed appear- 
ed before us, two of Majesty's Justices of the Peace for 
the same county, quorum unus, and made oath to the 
above written declaration, taken in perpetuam rei me- 
moriam. 

NATHl. ROGERS, 
SAMl. CURWEN. 

Examined and compared with the original. 
A true Copy. 

THO'S. B. ADAMS, one of the commissoners. . 



Deposition of John Pearce — a. a. 

John Pearce of Manchester, in the county of Essex, 
aged about ninety years, testifies and says, that about 'Jir^H^ 
eighty years ago, being then about ten years old he was 
at D'amariscotte at the house of John Brown, who then 
lived on the eastward side of the "Hver near the salt 
water falls and then possest a large tract of land tend- 



118 

Ing downwards from thence towards Pemaquid to 
smelt brook it being about two miles, and so backwards 
to Pemaquid Fresh River, also 7noed two meadows ad- 
joining ; the said Pearse Pearce helping to make the 
hay at several times from said time to King Phillips' 
"War, at which time said Brown was driven of ; further 
saith, that at the same time John Taylor lived on the 
west side of the river opposite to said John Brown ; and 
thnt his southern bounds of his possession was a great 
gully next northwards of Walter Phillips' house, about 
half way between said Phillips and said Taylor's house, 
and at a place called the Three Coves, and from thence 
northwards, taking in the Ostershell Neck, and so up 
the country towards the Fresh Pond, and so back throw 
the Fresh Meadow westward — all which the said Tay- 
lor possessed quiet!}'' and peaceably from that time till 
King Phillip's Indian wars; also, he had a son named 
Isack — Further saith, that Walter Phillips at that time 
had a cart path that went directly back from his dwel- 
ling-house towards Sheepscott, below the Fresh Mea- 
dow, leaving the meadow on the right hand — ^Further 
saith, that Robert Scoot at the same time lived at said 
Damriscotty, on the east side of the river next north- 
wards of John Brown, and that his dwelling-house was 
situate about east from the great bank of oyster shells 
that is on the poynt of the Neck, on the west side of the 
river, all possest by him from said time till King Phil- 
lip's wars — and further saith, that he di/s non remember 
that their weare any other inhabitants but the within 
named that lived at the head of said river during said 
term of time, 

HIS 

John o PearCe. 

MARK. 

Essex^ ss. January ^th, 1734. John Pearce, being of 
a sound mind and memory and in helth, made oath to 



^ 119 

the before written testimony, mperpetuam rei memoriam^ 

before 

Symonds Epes, and 7 Justices of the Peace, 
Samuel Lee, 3 Quorum unus. 

A true Copy of the original, received under seal, 
January 11th, 1737. 

Attest, JER. MOULTON, Reg. 

A true Copy from the Records of Deeds for the 
county of York, book 18, page 281 — 2. 

Attest, WM. FROST, Reg. 
of the aborue records of deeds for York county. 

A true Copy — Examined 

by EL. W. RIPLhY, Clerk of Commission, 



Cyrian Soidhark's Deposition — a. b. 

THE deposition of Capt. Cyrian Southark, aged 
seventy eight years testifieth and saith, That formerly 
hee was commander of the Provance Galley and haitii 
often times been at Pemiquid and New Harbour and 
soundrey places adjacent thereunto at ye. eastwaren 
parts of New England, and that about forty seven years 
ago hee knew^ John Brown and Richard Pearse, and 
that they had houses on the land nere New Harbour 
nere Pemiquid and Round Pond, and lived in and pos- 
sessed the same, and that there is a place called Mus- 
congus land lying sum distance N. North east from the 
house and settlements of said John Brown and liich- 
ard Pearce. The saide Muscongus lying and being 
easterly of Muscongus river or bay, and so running or 
extending towards Georges river. 

CYRIAN SOUTHARK, 



120 

Suffolk, ss. Boston, July 26, 1 738. 
Capt. Cyrian Soutliark appeared and made oath to 
the truth of the foregoing declaration, by him subscri- 
bed in perpetuam memoriam. 

Coram Samuel SewalU 7 r\ 

Heugh Hall, <, ®"°'^"'" """'• 

A true Copy — Examined 

by EL. W. RIPLEY, Clerk of Commission. 



Ruth Barnaby's Deposition — a. c. 

THE depposition of Ruth Barnaby of Boston aged 
one hundred years of age testifieth and saith, that she 
lived with her father at New Harbour, eastvverd of Pe- 
maquid Fort in the eastern part of this province when 
the deponent was ten years old and lived there many 
years till drove off By the Indians, and the Depponent 
remembers that it was always said that John Brown of 
New Harbour was one of the first settlers there, and 
after his death his Widdow married and built a house 
at New Harbour and lived there several years on 
Brown's old place, and the Depponent remembers one 
Richard Fulford who lived at Mescongus near Round 
Pond ; and the Depponant remembers where Mr. Wil- 
liam Briscoe lived and was frequently at his house, and 
also where Edward Euin lived near Briscoes house,and 
the Depponant remembers James Stilson who married 
Margaret Chamber and who lived on Miscongus Island, 
and I was acquainted w^ith Richard Pierce who lived at 
Miscongus and the Depponnant all the time I lived in 
that country which was for eleven years never heard 
- of any claimer whatsoever pretended to lay claim to 



121 

any of the lands eastward of New Harbour only the 
parsons aforesaid who was said to live on theire own 
inheritance, some by purchase from the Indians and 
others from the English as I heard whilst I lived there 
till we were drove off by the Indians, and further saith 
not. Boston, the sixth day of September 1764. 

HER 

Riifh X Barnaby, 

MARK. . . 

Suffolk^ ss. Boston., Sept. 6th, 1 764. 
Personally appeared Mrs. Ruth Barnaby the subscri- 
ber to the above declaration which was distinctly read 
to her and paragraph by paragraph, she was askt as to 
her remembrance thereof, and she was examined and 
cautioned touching the same, and she made solemn 
oath to the truth thereof, which was done in perpetuam 
rei memoriam. The deponent appeared to us to be of 
sound memory and understanding at the same time. 
JVm. Stoddard, )^ Justices of the Peace, 
John Steel, J Quorum Unus. 

Lincoln, ss. Rec'd Nov. 28, 1809, and entered 
with the Records for Deeds for said county,lib. 73,fol.37, 
Attest, Warren Rice, Reg, 

A true Copy — Examined 

hy EL. W. RIPLEY, Clerk of the Commission, 



John Broivfi's Deed to Sander Gould — 1. 

TO all people to whom this deed of gift may come- 
Know ye, that I John Brown, of New-Harbour, have 
16 ^" 



122 

given to Sander Gould and Margaret, his now lawful 
wife, and to the heirs of her body, a certain tract or par- 
cel of land, lying in the Broad Bay, beginning at a pine 
tree marked in the westermost branch of the bay, from 
thence north north east by Miscongus river eight miles, 
from thence eight miles north west and by west, from 
thence south south west eight miles, from thence south 
east and by east eight miles to the tree where first be- 
gan ; to all which tract or parcell of land, I the above 
said John Brown have given, and by these presents do 
give and grant, to Sander Gould, and Margaret, hisr 
wife, and to the heirs of her body forever, and in fee 
simple, without any molestation or reserve, and free 
from all incumbrances whatsoever, as owning myself to 
be the true and sole owner thereof, having full power 
and lawful authority to dispose of the same as aforesaid. 
In witness whereunto, I have set my hand and seal, this 
eighth day of August, in the year of our Lord God 
one thousand six hundred and sixty. 

John BrowHy (and a Seal.) 
Signed, sealed and delivered 
in the presence of us, 
Matthew Newmaiiy 
William Cox. 

April ye 7th, 1663. John Brown personally appear- 
ed and acknowledged this instrument to be his act and 
deed, at Pemaquid^-before me, 

Thomas Garner. 

Charlestowih December 1, 1720- Received and at 
the special instance and request of Margaret Hilton, 
one of the claimers, and accordingly entered in a book 
of records of eastern lands, (pages 63, 64,) in my cus- 
tody — by 

Samtiel Phipps, one of and Clerk to th^ 
Committee of Eastern Claims. 



125 

A true Copy — Examined by 

Samuel Phipps, one of and Clerk to th« 
Committee for Eastern Claims. 

MassachuseffSi Secretary's Office<, July 7, 1810. I 
eertify, that on comparing the above signature of Sam- 
uel Phipps with the same name placed as his signatur© 
to a record in the book of Eastern claims in this officei 
fhere appears a perfect similarity of hand writing. 

BeTijamin Hotnans-, 
Secretary of the Commonwealth. 

Lincoln^ ss, Rec'd June 12, 1810, and entered with 
the records for deeds for said county, lib. 74, folio 7. 

Attest, Warren Rt'ce, Reg. 

A Copy of a Copy certified by Samuel Phipps, 
Examined by 

EL. W.RIPLEY, Clerk qf Commission, 



Jonas Jones' Deposition — \ 

THE deposition of Jonas Jones, of Georgetown, of 
lawful age, testifieth and saith, that I was acquainted at 
Broad Bay, near Misconkis so called, in the county of 
Lincoln ; I knew William Hilton, who lived there, and 
heard Hilton say he was one of the heirs who owned a 
part of land, part of which he lived on, of eight miles 
square, and in one thousand seven hundred and sixty- 
three, I was employed by James Noble to run out the 
aforesaid tract of land of eight miles square, part of 
which Hilton's improvements was included, which I 
the declarant understood was by the order of the other 
heirs claiming said eight miles — I run the courses ac- 



124 

cordingly, as by said deed from John Brown to Sanders 
Gould, ] 660, as was shewn me, and which eight miles 
square took in the saw mill said to be built by captain 
Cooke, on the eastern side of Damariscotty Fresh Pond 
— the said William Hilton had lived on said part of 
land for several years, and made good improvements, 
and his widow told me he was wounded by the Indians 
on or near ye. said premises, and said Hilton'l son told 
me their father was wounded by the Indians and dy'd 
of his wound, and had a brother killed on the premises, 
the same time. 

Jonas Jenesp 

Lincoln., ss. Pownalboroagh, June 5, 1765. Then 
above named Jonas Jones made oath to the above depo- 
sition by him subscribed before us, as taken in perpetu- 
am rei memoriam. 

William LifhgoWi \ Coram 
John Stinson, J unus. 

Lincoln^ss. Rec'd Nov. 2, 1809, and entered with 
the records for deeds for said county, lib. 73, folio 37. 
A true Copy — Examined by 

EL W. RIPLEY, clerk of commission. 



David Terry* s Deposition-: — u. u. u. 

I David Terry, of lawful age, upon oath, testify and 
say, that forty-seven or forty eight years ago, I was 
employed by Major James JNoble, of Boston, to assist 
Jonas Jones, a surveyor, in the capacity of chainman, 
in surveying for the said Noble a tract of land eight 
miles square, near Damerscotta river ; we accordingly 



125 

proceeded in said survey. We set out from a point 
near the house of Arthur Noble, Esquire, near where 
the mills now stand, and near the falls, and run towards 
Broad Cove, and compleated the survey of said tract of 
land eight miles square, I perfectly recollect that a pine 
tree was made one of the corners. I am now in my 
seventy-fifth year of age. I well recollect that the said 
Jonas Jones kept minutes of said survey. 

HIS 

David X Terry. 

MARK. 

Commonwealth of Massachusetts. 

Kennehunk^ ss. town of Augusta. This fifteenth day 
of December, in the year of our Lord one thousand 
eight hundred and ten, personally appeared before us 
the subscribers, two justices of the peace within and 
for the county of Kennebeck, quorum unus^ the afore- 
said deponent, and after being carefully examined and 
duly cautioned to testify the whole truth and nothing 
but the truth, made oath that the foregoing deposition 
by him subscribed, and which was distinctly read to 
him, is true. Taken at the request of James Noble, to 
be preserved in perpetual remembrance of the thing. 
And having no knowledge of any person within twenty 
miles of this caption, interested in the property, to 
which this deposition relates, we did not notify any 
persons to attend. 

John Dauisy 
Nathan -Weston, jr. 

Lincoln^ ss. Rec'd Dec. 17, 1810, and entered with 
the records for deeds for said county, lib. 74, folio 235. 

Attest, Warren Rice, Reg. 

A true Copy from original — examined by 

E. W. RIPLEY, Clerk of Commission. 



126 

Josi'ph Jones' Deposition — is. 

THE deposition of Joseph Jones, of New-Castle, of 
lawful age, testifieth and saith, that I the deponent has 
known and lived mostly at Damerscotty since I was a 
h^Yt and I have for this thirteen years past lived at the 
mills of Damerscotty, and with sundry other men, have 
by lease from James Noble, Esq. I improved all the 
lands and meadows westward of the grate Salt Bay, 
and so up the westerly side of the fresh pond to the 
head thereof, and about one mile above the head there- 
of, as far on ye. westerly side as the meadow brook 
between the pond and SheepscutE river, and so down 
from ye. head of said pond on the easterly side, as far 
as the lower part of Oyster Creek, and back into the 
country as far as Pemaquid fresh pond, except the 
meadows on ye. easterly side near Pemnaquid pond, 
and except on the sundreys lotts of land Noble sold to 
any persons, and never was disturbed in our possession 
under Noble as aforesaid, by any person whatsoever, 
till about June last, one JonathanCook, Jonathan Jones 
and John Jones entered, and said Noble's land so pos- 
sest by myself and others, and built a saw mill, and I 
have heard the said Cook say he had surveyed and 
fenced in a large tract of land possest as aforesaid — 
notwithstanding I the deponent, with Mr. Arthur No- 
ble, forewarned them of such a proceedure, and in such 
an injustifiable way of driving any out of there posses- 
sion — They seemed determined to goe and build at all 
events, notwithstanding all Captain Noble and I could 
say — The deponant further testifies that thee meadows 
mentioned above, near Pemaquid pond, that he dit 
not improve, have been improved by other persons 
holding under said Noble, and further saith not. Dated 
at New-Castle, October 3, 1763. 

Joseph Jones. 



127 

Lincoln^ ss. October 3, 1763. Then the above named 
Joseph Jones personally appeared, and being first care- 
fully examined and cautioned to declare the hole truth, 
made solemn oath to the truth of the above deposition, 
by him subscribed, taken in perpetuam rei memoriam, 
before us, 

Samuel Denny^ 7 Justices of the Peace, 
John Kingsbin-y^ 3 t^uorum unus. 

A true copy — examined by 

El. W. RIPLEY, Clerh of Cormnission. 



Thotnas Bodkin^s Deposition — z. 

THE deposition of Thomas Botkin, aged seventy- 
five years, testlfyeth and saith, that in the year 1^738, I 
lived in the eastern parts, near adjoining to a place call- • 

ed Round Pond, on Broad Bay so called, now in the 
county of Lincoln ; and the deponent knew WilUam 
Hilton, who lived at Broad Cove, on the westwardmost. 
part of Broad Bay, who lived there some time, and who 
was reputed to be one of the heirs of Alexander or 
Sanders Gold and Margaret his wife, whose right the 
deponent understood said Hilton possessed by virtue of 
the aforesaid right, and lived thereon, as the Indians 
had drove their families away in the war. And I nev- 
er heard of any person pretend to claim any of said 
lands there, within said Sanders Goid^s right, p\xt / -"'i.."/ 
Gold's heirs ; and which right the depdiient understood 
was by conveyance from John Brown of Nev^.Harbour, 
so called, the deponent did employ said Hilton and 
sons to hawl hay for him, when said deponent lived ?x 
Round Pond, and I heard that the Indians killed said 
Hilton, and the family now lives on the old farm ; -jind. ' 



128 

the deponent is well knowing that there never was any 
who lived on that right but the reputed heirs of said 
Alexander Gold as aforesaid, and further saith not. 

Thomas Botkin. 

Suffolk, ss. Boston, August 31, 1764. Thomas Bot- 
kin made oath to the truth of the above deposition, by 
him subscribed, taken in perpetuam rei memoriam, be- 
fore us, 

Joshua Winslow, 7 Justices of the Peace, 
Belcher Noyes, j Q-Uorum unus. 

Lincoln, ss. Rec'd Nov. 28, 1809, and entered with 
the records of deeds for said county, lib. 73, fol. 36. 

Attest, Warren Rice, Reg. 

A true Copy— Examined by 

EL. W. RIPLEY, clerk of commission. 



Caleb Maddocks' Deposition—--^ . 

THE deposition of Caleb Maddocks, of a place call- 
ed Walpole, in the county of Lincoln, of lawful age, 
testifieth and saith, that he has lived at and near Dam- 
erscotty saw mUls, for about eleven years past, and im- 
proved under severall that had taken leases as they 
told me from James Noble, Esq. the above term of 
eleven years, all the land and meadows on both sides ot 
said river and fresh pond to the head thereof, except 
what lands on each side of said river and pond Noble 
sold to any person, and have improved said lands and 
meadows under them that took leases as aforesaid, the 
whole length of said pond, and on the west side ot said 



129 

pond near half ways to Sheepscutt river, and on the 
easterly side of said pond as far as Penmaquid fresh 
pond) and never was disturbed in said possession by 
any person whatsoever, till about June last, 1763, one 
Jonathan Cook, Jonathan Jones, John Jones and Anto- 
ny Chaplain, with a grate number of men, entered on 
the premises which was held under said Noble as afoe- 
said, and gives out that they will hold the same, and 
have built a mill, and fenced in a large tract of land on 
the very spott that I actually improved and paid rent 
for, and farther saith not. Dated at New-Castle, Oc- 
tober 3, 1763. 

Caleb Maddocks. 

Lincoln^ ss. October 3, 1763. Then the above named 
Caleb Maddocks personally appeared, and being first 
carefully examined and cautioned to declare the hole 
truth, made solemn oath to the truth of the above depo- 
sition, by him subscribed, taken in perpetuam rei me- 
moriam, before us, 

Samuel Denny^ 1 Justices of the Peace, 
John Kingsbury,^ Q.uorum unus. 

A true Copy — Examined 

by EL. W. RIPLEY, Clerk of Commission. 



Elisha Clark^s Deposition — w. 

THE deposition of Elisha Clark, of New-Castle, in 
the county of Lincoln, of lawful age, testifieth and 
saith, that he the deponent has lived at and near Dam- 
erscotty saw mills, for about twelve years, and improv- 
ed with others by lease, all the land and meadows on 
17 



130 

both sides of said river and fresh pond, and to the north- 
ward thereof, under James Noble, Esq. except what 
lotts of land on each side of said river and pond Noble 
sold to any person, and never was disturbed in said 
possession by any person whatsoever, till June last, 
1763, one Jonathan Cook, Jonathan Jones, John Jones 
and Anthony Chapman, with a grate number of men, 
entered on said premises which was held under said 
Noble as aforesaid, and built a saw mill, fenced in a 
large tract of land, and gives out that they will hold 
the same, that is to say, I heard Cook say he had made 
a fence and run it out, and that he had built a mill, 
and would hold it, and further saith not. Dated at 
Kew-Castie, October 3, 1763. 

Elisha Clark. 

Lincoln, ss. October 3, 1 763. Then the above named 
Elisha Clark personally appeared, and being first care- 
fully examined and cautioned to declare the hole truth, 
made solemn oath to the truth of the above deposition, 
taken in perpetuam rei memoriam, before us, 

Samuel Denny, ) Justices of the Peace, 
Johi Kingsbury, ^ Quorum unus. 

Lincoln, ss. Rec'd June 6, 1810, and entered with 
the records of deeds for said county, lib. 73, folio 284, 

Attest, Warren Rice, Reg. 

A true Copy — Examined 

by EL. W. RIPLEY, Clerk of Commission. 



131 

James Forrester's Depositions—^, m. 

THE deposition of James Forrester, of Pownalbo- 
tough, of lawful age, testifieth and saith, the declarant 
lived with William Vaughan about twenty eight years 
ago, and helped to make for Vaughan a fence from the 
Fresh Meadow to the Bay, and wear joining t)octor 
"Winslow's fence, near where Christopher Hopkins no\V 
lives, and we mowed the meadows from Winslow's all 
upon the west side of the great Fresh Pond, as far as 
ihe brook fronting the meadow between Damascotty 
and Sheepscot, and Vaughan cut all the northward 
meadows^ westward of said pond aforesaid, by the 
name of Burn-camp meadow and Deer meadows, and 
the declarant helped to cut the meadows on both sides 
of the aforesaid fresh pond of Damascotty, from the 
mills almost to the northward of said pond, and 
Vaughan's people cut timber and hay, and improved 
the same, and always the declarant understood by 
Vaughan, that said lands aforesaid was his land, and 
said lands and meadow^s were improved under said 
Vaughan as long as he lived, and since his death I un- 
derstood that Eliot Vaughan his brother, and James 
Noble, Esq. have held the aforesaid mills, land and 
meadows aforesaid, to this day the declarant never 
heard of any person whatever disturb the said Vaughan 
or his heirs in the quiet possession of said lands, nor 
did I ever till within a few years hear the name of the 
Plymouth Company, so called of late, and knew for 
the time I have lived here knew of any of the Plym- 
outh claimers settle or improve any of the lands any 
where near Damascotty river or fresh pond, to my 
knowledge, and said Vaughan cut the salt meadows 



132 

on the head of Oyster Creek, and quietly possessed ye. 
same. 

HIS 

James \ j j Forrester, 

MARK. 

Lincolrii sis. Pownalboroi/gh^ June 5, 1765. The 
above named James Forester mad otk to the above 
deposition by him suhsribed befor us, taken in purpu- 
torn res memorum. 

William LithgoWi ) Corum 
John Stinsotii ^ unus. 

Lincoln, ss. Rec'd June 6th, 1810, and entered 
with the records for deeds for said county, lib. 73, folio 
283. 

Attest, Warren Rice, Reg. 

A true Copy from the original. 
Examined by 
EL. W. RIPLEY, clerk of the commission. 



Deposition of Arnal Weathern — a. o. 

I Arnal Weathern of Farmington, in the county 
of Kennebec, of lawful age do testifi and say, that 
Arthur Noble, Esq. came from Boston and took posses- 
sion of his unkle James Noble's mill and lands in about 
the years seventeen hundred and sixty two or three, 
and built a house on the land east of the mill streame, 
and improved all the meadows on the west of Damers- 
coty pond, viz. Long Meadow, Deer Meadow, Burnt 
Camp Meadow, which lay to the east of Samuel Nick- 



133 

els, Esq. Millbrook, also fenced and improved Muscon- 
gus meadow, laying in the eight mile tract of land, and 
also the salt marsh that lays at the head of Oister creek 
so called, that his tillage and grass land consisted of 
about fifty acres of land laying northerly and easterly 
of his dwelling house, and continued the improvement 
of the above described land, till I left Damarscoty 
about sixteen years past, and further sayeth not. 

Arnal WeafherJi. 

Kenncbeck^ ss. On the fourth day of October, in the 
year of our Lord eighteen hundred and ten, the afore- 
said deponent was examined and cautioned, and sworn 
agreeably to law, to the deposition aforesaid, by hirn 
subscribed — Taken at the request of James Noble, of 
Boston, in the county of Suffolk, gentleman, and to be 
used in an action or plea of ejectment now pending 
between him and John Hall, of Nobleborough, in the 
county of Lincoln, yeoman, before the honorable the 
justices of the Supreme Judicial Court, to be holden at 
Wiscasset for and within the county of Lincoln, at the 
term to be holden by adjournment of said Court on the 
twelfth day of December next —The adverse party liv- 
ing more than twenty miles from the place of caption, 
was not notified ; the said deponent living more than 
thirty miles from the place of trial, is the cause of taking 
this deposition. 

Solomon Adams, Justice of the Peace. 



Justices' Fees, i 2o 



COST OF DEPOSITION. 

Swearing, --3 

Writing and Caption, .. = ---- 33 

Travel, . , . . 10 

Deponent's fees, attendance 1 day, - - - 33 

SO 96 



134 

September term at Wiscassett, A. D. 1810, at the 
adjournment in December following. 

Edw. P. Hayman^ Clerk. 

A true Copy from the original, 
Examined by 

E. W. RIPLEY, Clerk of Commission, 



William Blackstone^s Deposition — x. 

THE deposition of William Blackstone, of New* 
Castle, in the county of Lincoln, of lawful age, testifi- 
eth and saith, that I has lived at Damerscotty saw mills 
for about twenty six yearS) and improved with others 
who worked at said mills, all the land and meadows on 
both sides of said river and fresh pond to the norward 
thereof, under William Vaughan, Esq. dec. and since 
his death, myself with sundry others, have held and 
improved said lands and meadows foi about thirteen 
years, under James Noble, Esq. except what lotts of 
land on each side of said river and pond Noble sold to 
any persons, and have ever since improved said land 
and meadows under said Noble, the whole length of 
said pond on ye. west side of said pond, about half way 
to Sheepscutt river and on the easterly side of said 
pond as far as Penmaquid fresh pond, and never was 
disturbed in said possession by any claimer whatsoev- 
er, till June last, seventeen hundred and sixty three, 
when one Jonathan Cook, Jonathan Jones, John Jones, 
and Anthony Chapman, have with a great number of 
men, although forbid, as I have heard, entered on the 
premises, which was held under said Noble, and built 
a saw mill, fenced in a large tract of land possest un- 



135 

der Noble as aforesaid, and gives out that they will 
hold the same by a strong hand, as I have heard — The 
deponent further testifies, that he with others paid the 
yearly rent for the above discribed land and premises 
to the above named Vaughan and Noble, during the 
above mentioned term, and further saith not. Dated 
at New-Castle, October 3, 1763. 

William Blackston. 

Lincoln, ss. October 3, 1 763. Then William Black- 
ston personally appeared, and being first carefully ex- 
amined and cautioned to declare the whole truth, 
made solemn oath to the truth of the above deposition, 
hy him subscribed, taken in perpetuam rei memoriam, 
before us, 

Samuel Denny, 7 Justices of the Peace, 
John Kingsbury, 3 Q,uorum unus. 

Lincoln^ $s Rec'd June 6, 1810, and entered with 
the records for deeds for said county, lib. 73, folio 
292. Attest, Warren Rice, Reg. 

A true copy— -Examined by 

EL. W. lUPLEY, clerk of the cotnmission. 



Lydia Sfanwood's Deposition — y. 

LiDiA Stanwood, of Glocester, in the county of Es- 
sex, aged about eighty-two years, testifyes and says, 
yt. she was brought up at Sheepscott, in ye. eastern 
part of New-England, and lived at the house of her 
father Thomas Messer, on ye. west side of said Sheep- 
scott river, who lived on ye. north west side of the 
head of the Cove, next north west of the Salt Water 



136 

Falls of said Sheepscott river — that she lived in her 
said father's house till she w^as seventeen years old and 
married, which time was before the first Indian wars in 
the eastern parts, which began ye. year after King 
Phillip's Indian wars — only excepting one year that 
she lived at Damariscotty, in the house of John Tay- 
lor, of said Damariscotty, who said Taylor lived be- 
tween the house of Walter Phillips, of said Damaris- 
cotty, and the lowest and great salt water falls of said 
Damariscotty river on the west side thereof — Further 
says, that said Taylor had made then the largest im- 
provement in said Damariscotty river that she saw, and 
improved and used the same in his own right, as she 
understood and heard of, and that W" alter PJiillips then 
lived and improved on a hill below John Taylor down 
the river ward, and she never heard in that day that 
said Phillips claimed or improved any lands further up 
the river northward than the great gully next to his 
house, which was sittuated between his and said Tay- 
lor's house that he dwelt in — also that said Taylor and 
Phillips had a division fence between them, running 
westward from the said gully — and that there were in 
those days none other inhabitants nere that place on 
the west side said river — Further says, that at the said 
time, opposite to said Taylor and Phillips, one John 

X Brown lived, on the east side said Damariscotty river, 
and made considerable improvements there, which she 
understood to be in his own right ; also that she well 
knew the said Brown, and that he was esteemed by all 
in those days, as far as ever she heard, to be the son of 

• John Brown, of Pemaquid, whom she well knew. Fur- 
ther says, that said John Taylor had a son named 
Isaac, who since lived at Boston. Further says that 
many times besides the year that she lived at John 
Taylor's as aforesaid, she whent over from Sheepscott 
a visiting to said Taylor's and Phillips', and found all 



137 

things there, as useall and aforesaid, and further saith 
not. 

HER 

Lidia L Stanwood, 

MARK. 

Essex, ss. Gloucester, June 19, 1742. Then Lydia 
Stan wood within named personally appeared, and made 
oath to the truth of the within declaration by her sign- 
ed, taken in perpetuam rei memoriam, before me, 

Epes Sargenf, just, peace,! Quorum 
Joseph Allen, just, peace, J unus. 

Memorandum. Two words in ye. fifth line blotted 
out before sworn to. 

Lincoln, ss. Rec'd Nov. 28, 1809, and entered with 
the records for deeds for said county, lib. 73, folio 36. 

Attest, Warren Rice, Reg. 

A true Copy — Examined by 

EL. W. RIPLEY, clerk of commission. 



Robert Hodge* s Deposition — a. I. 

THE deposition of Robert Hodge, of Newcastle, in 
the county of Lincoln, of lawful age, testifieth and saith, 
that the declarant come to Sheepscut so called, about 
the year 1731, and knew William Vaughan, Esq. who 
lived at that time at Damascotty fresh falls, near where 
is saw mills stands — the declarant well remembers that 
said Vaughan cut the fresh meadows about west from 
the great salt water falls, near where Mr. James Brown 
now lives— and the declarant has helped said Vaughan 
18 



138 

to mow said meadows, and knew said Vaughan fenced 
from where old Cornelius Jones lives, along the side of 
the hill till it comes to Mr. Winslow, southard of, 
Christopher Hopkins' house stands — and the declarant 
knew Vaughan cut the meadows westward of the great 
fresh pond to the brook between the pond and Sheeps- 
cut river, and also Burn-camp meadow and part of 
Deer Meadow so called, will towards the northward of 
Vaughan's pond so called, on the west side of said 
pond, and his people cut timber as well as the mea- 
dows — and I always understood by Vaughan that it 
was his lands — and I never heard any claimer whatev- 
er disturb said Vaughan or his people in such improve- 
ments, except a law suit Mr. Hopkins commenced for 
said mills, and I heard Vaughan got the case — the de- 
clarant never heard the name of any of the Kennebec 
proprietors ever improve any of the lands in the coun- 
try near Damascotty, nor no where else till about the 
year 1750, I heard a settlement was making up Ken- 
nebec river, which occasioned a great deal of distur- 
bance in the country among the inhabitants, ever since 
1 750 till which time their names were never known in 
Sheepscut and Damascotty. 

HIS 

Robert R H Hodge, 

MARK. 

Lincoln, ss. Pownalborougk, June 5, 1765. The 
above named Robert Hodge mad oth to the above 
deposetion by him mhsrihed befor, as taken mperpetutn 
rei ?}iemorem. 

William Lifhgoiv, \ Corm 
John StinsoTiy J unis, 

Lincoln^ ss. Rec'd June 6, 1810, and entered with 
the records for deeds for said county, lib. 73, folio 
232. 

Attest, Warren Rice, Reg. 



159 

A true Copy of original, 
Examined by 

EL. W. RIPLEY, clerk of commission. 



Ichabod Linscofs Deposition — a. n. 

THE deposition of Ichabod Linscut, of Newcastle, 
an the county of Lincoln, aged fifty-six years, testifieth 
and saith, that I lived at Damerscotty, near where the 
saw mill stands, about thirty years past, and was well 
knowing that myself with others improved all the land 
and meadows on both sides of Damerscotty river and 
fresh pond, from the lower falls norward of Kenelm 
Winslow's fence to the norward of said pond about 
one mile, and about half way to Sheepscut river on the 
west side of said fresh pond, and also improved all the 
lands and meadows norward of said fresh pond as 
aforesaid, and on the easterly side as far eastward as 
Peni^naquLd fresh pond, under William Vaughan, Esq. 
deceased, and am also well knowing that all the lands 
and meadows as before described have been for about 
thirteen or fourteen years last past improved and pos- 
sessed by me and others, under James Noble, Esq. ex- 
cept what lots of land within the above described prem- 
ises Noble has sold to sundry persons, and that the 
above premises have been ever since to this day held 
and quietly possessed by lease from said Noble, till 
about June last past, I heard that one Jonathan Cook, 
Jonathan Jones, John Jones and Anthony Chapman, 
with others, have entered on said land, on the easterly 
side of said fresh pond aforesaid, built a saw mill and 
run a brush fence round a large tract of land possessed 
by Noble as aforesaid, gives out that they will hold 



140 

said mill and lands with strong hand, and by violence, 
and further saith not. Dated at Newcastle, October 
3, 1763. 

HIS 

Ichabud x Limcut. 

MARK. 

Lincoln, ss. October 3, 1763. Then the above named 
Ichabod Linscott personally appeared, and being first 
carefully examined and cautioned to declare the v/hole 
truth, made solemn oath to the truth of the above depo- 
sition by him subscribed — Taken in perpetuam rei me- 
moriam, before us, two of his majesties justices of the 
peace. 

Sam?/d Denny, 1 Qi/on/m 
John Kingsbury, J 2/nis. 

Lincoln, ss. Rec'd June 6, 1810, and entered with 
the records for deeds for said county, lib. 73, folio 285. 

Attest, Warren Rice, Reg. 

A true Copy. 
Attest, EL. W. RIPLEY, clerk of the commission. 



Samuel Kennedy's Deposition — v. v. v. 

THE Deposition of Samuel Kennedy of New-Castle 
of lawful age, testifieth and saith, that he came to 
Sheepscut so called in the year 1731, and the decla- 
rant knew William Vaughan, Esq. who was building 
saw mills at Damascotty fresh falls on Damascotty riv- 
er, and the declarant knew sd. Vaughan by his people 
cut all the fresh meadows on the west side of Damas- 
cotty river and pond northward of Mr, Winslow's fence, 



HI 

who lived near southward of Christopher Hopkins as 
far west of said fresh pond of the brook between Dam- 
ascotty pond and Sheepscot, and Vaughan's people cut 
Burn camp meadow and Deer meadows so called and 
all meadows on the eastern side of sd. fresh pond of 
Damascotty aforesaid & the declarant helped Vaughan 
to run a fence from the Salt Bay near where old Mr. 
Jones now lives to Mr. Canalm Winslow's fence south- 
ward of where Christopher Hopkins now lives, never 
heard of any person disturb Vaughan or his people in 
the improvements of either side of the river from the 
great salt water falls on which falls is about two miles 
southward of said mills, it was always claimed and im- 
proved by Vaughan while he lived, and since his death 
has been improved under Elliot Vaughan and James 
Noble, Esqrs — the declarant never knew any person 
under the Plymouth claimers ever improve any lands 
as described aforesaid nor any where in the neighbour- 
hood nor the name known of Pattin claim till since the 
year' 1 750 to the declarants knowledge, and the decla- 
rant went with Vaughan and measured some miles 
northwest of Vaughan's pond so called, and Vaughan 
told me he had purchased the lands on the west side of 
fresh pond northw^ard of Vaughan's mills as far as 
Sheepscut's upper great falls. 

SAMUEL KENNEDY. 

Lincohi — Pownalboroagh^ June 5, 1765. 
The within named Samuel Kennedy made oath to the 
above deposition by him subscribed before us — taken 
in perpetuam rei memoriam. 

William Lithgow^ 1 Q,ouram 
John Sfi.nso/2, J unis. 

Lincoln, ss. Rec'd June 6th, 1810, and entered with 
the records for deeds for said county, lib. 73, fol. 283. 
Attest, Warren Rice, Reg. 

A true Copy. 
Examined by El. W. F\ipley, Clerk of the commission. 



142 

John Hitchcock's Deposition — x. x. X'. 

THE deposition of John Hitchcock, of a place called 
Walpole, of lawful age, testifieth and saith, that the 
declarant knew William Vaughan, who built the mills 
at Damascotty fresh falls about thirty years ago, and 
about two miles above the great salt water falls, and 
the declarant knew Vaughan by his people, cut the 
great fresh meadow lying about north north west of the 
said salt water fulls, and the declarant was knowing 
that the meadows on the west or north west side of the 
great fresh pond was always cut, as the declarant un- 
derstood, on said Vaughan's right — the declarant never 
knew the said Vaughan, nor the people who worked 
for him, ever disturbed in their cutting the said fresh 
meadows on either side of ye. aforesaid fresh pond, nor 
in cutting timber, and the declarant heard Vaughan 
cut the salt marsh at the head of the Oyster creek — it 
was general!}'' called Vaughan's interest, and since said 
Vaughan's death, have been improved under Elliot 
Vaughan, Esq. and James Noble, Esq. ever since — the 
declarant never heard the name of the Plymouth 
claimers so called, ever possess or improve any lands 
any where on said river or pond aforesaid, nor never 
heard of the name till about the year 1750— and the 
declarant knew a fence which was built from the 
southern end of the salt bay,and said fence run as far as 
Doctor Winslow's fence, which went southward of the 
great salt water falls onDamascotty river aforesaid, and 
the said enclosed land was generally said to be the 
aforesaid Vaughan's pasture. 

Joh7i Hiscock. 

Lincoln, ss. Pownalboroi/gh, June 1, 1765. The 
within named John Hiscock made oath to the above 
deposition by him subscribed, before us, taken in per- 
petnam rei memoriam. 

William Lithgow-, \ Quorum 
John Sfinsonf J unis. 



14S 

Lincoln^ ss. Rec'd June 6, 1810, and entered with 
the records for deeds for said county, lib, 73, folio 284. 

Attest, Warren Rice^ Reg. 

The within is a true Copy, 
Examined by 

EL. W. RIPLEY, clerk of the commission. 



Resolve — k. 

PROVINCE OF THE MASSACHUSETTS BAY. 

THE resolve for appointing a committee to receive 
and examine the claims of proprietors of land lying to 
the eastward of the town of Wells, passed by the board 
the 27th February last, and sent down to the Repre- 
sentatives, was returned from that house with their 
concurrence thereto, and is in the words following, viz. 

Resolved, that a proper committee be appointed to 
receive and examine the claims of all proprietors of 
lands, and of such as challenge propriety in any of the 
lands lying within this province to the eastward of the 
town of Wells, laid waste by the late war. In order to 
the preventing of si/its, and controversies that other- 
wise might arise thereabout, and for the better direct- 
ing the regular settlement thereof the said committee 
to cause publication to be made of the times and the 
places when and where they shall appoint to sit for that 
end, and to make report of their doings unto the next 
General Assembly. 

Consented to. William Stoughton. 

The resolve passed by the Board on the 4fh current, 
appointing Samuel Sewall, J ohn Walle^ Kliakiiu 



144 

Hutchinson and Nathaniel Byfield, Esquires, with such 
as shall be joined them, be the Representatives, a Com- 
mittee to receive and examine the claims of proprietors 
of the land lying within this Province, to the eastward 
of the town of Wells, was sent up from the Represen- 
tatives with their concurrence thereto, and the further 
resolve of that house, that Capt. Timothy Clark, Capt. 
Samuel Phijjs and Mr. Isaiah Tay, be joined wiih the 
said persons named by the Council, be a committee for 
the affair above mentioned. Which nominations was 
approved by the Board, and the said Resolve consented 
to by Wm. StougJiton. 

Secretary's Office., 

July 28, 1810. 
A true copy of record as among the proceedings of 
the General Court, under date of the 4th and 7th of 
March, 1700. 

Attest, Benjamin Homam, 

Secretary of the Commonwealth. 



Testimony of the Witnesses in the Commissioners^ 
Records. 

Colonel William Jones, of Bristol, testified — 

'7~^' That he is in the 86th year of his age — That what is 

now called Bristol, and the adjacent towns, were set- 

^"^ tied under Governor Dunbar, by virtue of a royal 

^ proclamation from George the second ; that he was six 

years old in 1730, and can recollect facts which. then 

took place with precision — That there were at least 

150 settlers, and their land was run out by surveyors at 

that period— they had-in the first place each a two acre 



/if 



145 

city lot, then forty acres and afterwards an hundred 
acres in addition — the conditions on which they ob- 
tained their lands were to render a pepper corn if de- 
manded. That Dunbar had a grant from the crown, 
and there was reserved in it 300,000 acres of pine and 
oak, for the use of the navy. That Dunbar made two 
grants to Montgomery and Campbell, one called Wal- 
pole, after Lord Walpole, the other called Harrington, 
after Lord Harrington, and in both, the lots were sur- 
veyed and drawn for. Harrington was a part of the 
present town of Bristol, Walpole lay part in what is 
now Bristol, and extended above Oyster Creek, as is 
supposed, to the hei'd of the Bay, which would include 
about three miles of it in Nobleborough. After Gov- 
ernoror Dunbar was removed, he said he intended to^^-^^ 
give deeds to the settlers, but as he was not authorised 
to do it, it must be done by the Governor of Annapolis. 
That the witness supposes Dunbar's grants are not in ^ 
being ; they were given to Montgomery and Campbell • 
— Montgomery died, and it was then supposed that 
Campbell obtained all of them. Campbell persuaded 
Vaughan to go up to Damascotta — Vaughan built a 
house there, which was consumed by fire, and it wa^^^ 
supposed the grants from Dunbar were lost in it ; the'^^ 
house was built about the year 1740 — The witness 
supposed that Dunbar settled Vaughan at Damascotta, 
and gave him the benefit of the stream. That the in- 
denture between settlers and Dunbar was in 1729. n 
The witness further testified, that he knows a multUt^^ 
tude of people who claim their land under Dunbar; that 
Waldo obtained the removal of Dunbar, and that if 
there had been any person to oppose Waldo, he could 
not have succeeded in the removal of Dunbar — That 
he has been acquainted with the above mentioned set- 
tlements ever since the year 1730 ; that he first knew 
William Vaughan when he built mills in that year, 
and of his selling lands, though he did not know of his 

19 



14^ 

claiming any (excepting about 50 or 60 acres under his 
improvement, about the year 1735) — that he remem- 
bers his helping Mr. Vaughan plant as early as that 
year, and he also mowed meadows to westward of 
Damascotta pond that year (where witness also helped 
him afterwards.) Vaughan built two double saw mills 
and grist mill, and he found cattle, &c. for men that 
tended the mills, and died in 1 755, the year after Cape 
Breton was first taken — He devised by will, which wit- 
ness heard read, to Mercy Campbell, Jenny Campbell, 
and Mary Campbell, 100 acres each. James Brown 
married Jenny Campbell. The witness had heard of 
Vaughan's devising 100 acres to him, but he did not 
think it of any value to himself 

The witness farther testified, shat he knew one man 
that purchased under Mr. Vaughan by the name of 
James Miller. Vaughan agreed to give him a warran- 
tee deed, but rather than give such a deed, they agreed 
to throw up the bargain — That he knows of no person 
in the town of Bristol who claims under the Waldo 
right. That he was acquainted with Shem Drown ; 
he was frequently down in this quarter.^ He claimed 
70,000 acres when his grant was only 12,000, on con- 
dition of putting on fojty settlers, building a meeting- 
house, which conditions were neither of them perform- 
ed. Shem Drown made several conveyances — He of- 
fered 500 acres to witness, only paying for writing — 
but witness would not take it, because he would not es- 
tablish proprietors. He was not acquainted with El- 
bridge and Aldsworth, although it was under them that 
the Drowns claimed. The witness remembers Shem 
Drown's coming to this quarter as early as the year 
1740._ About that period, he laid out 70,000 acres, in- 
cluding what is now Bristol, part of Waldoborough and 
Nobleborough. The last claim Shem Drown made 
was upon Rutherford's Island. He sued the settlers 
upon a lease which he had previously given thern ; it 



147 

was referred ; witness was one of the referees, and we 
reported that the settlers should pay Drown two shil- 
lings old tenor per acre for their lands, that being their 
value in a state of nature. The settlers were quieted 
according to the report; this took place just before the 
revolutionary war, about the year 1770. The witness 
knew Packard the surveyor. He surveyed Bristol for 
the town; the committee that employed him were 
chosen by the town, and Drown had no concern with 
it. He knew Thomas Drown ; he was down here, but 
what his business was, witness was unable to say. 

The witness knew where Walter Phillips was sup- 
posed to live : it was near Sheepscut falls. He did not 
know where Thomas Kimball lived, but John Pareman 
lived near Damascotta falls. 

The witness further testified, that so far as respects 
file Drowns, the letter produced and marked D. con- 
tains (so far as witness knows) a correct statement of 
facts, but he does not pretend to be acquainted with all 
the facts, therein stated. 



Robert Simpson's Testimony. 

Robert Simpson, of Bristol, testified — 

That he lives in Newcastle, and is nearly 70 years 
of age. About 45 years since, the witness and his 
brother purchased of Woodbridge nnder the Tappan 
right. The number of acres they bought was 300 at 
eight shillings per acre. Follensbee sued them for the 
same land about 10 or 15 years since. On the first 
trial, witness recovered judgment. Follensbee review- 
ed, and after a law suit of seven years. He (Follens- 
bee) finally recovered, after putting witness to an ex- 
pense of four hundred dollars, and then witness bo't of 



148 

Follensbee three fourths of the tract. Not more than 
a month or six weeks after this adjustment, Springer 
commenced an action against the witness under the 
Tappan right for the same land ; the action was tried, 
and judgment was given against Springer. The wit- 
ness further testified, that he came into this country at 
the age of twenty-five years, and it was then consid- 
erably settled. 



Jesse Flint'' s Testiynony. 

Deacon Jesse Flint, of Nobleborough, testified — 
That he resides in the town of Nobleborough, and 
has often heard of the different claims, which have 
covered the lands in that town. Witness himself holds 
his lands under the Brown claim, though he doubts 
whether . Brown ever had any title. Major Noble, 
Squire Bowhan, of Marblehead, and Thomas Flint, 
(witness' father) were proprietors under the Brown 
right, and were agents to other proprietors. Witness 
has been often at Major Noble's house, and heard him 
and the other proprietors' agents above mentioned con- 
verse on the subject of their lands — there was one 
Gould connected with Brown. The agents used to ask 
each other what they should do with " one Jonathan 
Cook, and how they should eject him from the lands ? 
they said they were afraid to sue him, for they could 
produce only a copy of a copy of a deed, the original 
being burnt at York." Witness' father died 35 or 36 
years ago, and devised to him aright in the tiact called 
the Brown claim, but witness did not consider it of any 
value, for he was afraid of the title, from what he had 
heard the proprietors say, and he also ^doubted it, be- 



' 14^ 

causewhentheybrought actions, they were shewed It,but 
always got some possessory right to fight with. The 
title o^ the witness to land on which he lives is good 
now by possession — he purchased of one^Joshua Smith 
about forty years since, who sold, because he was 
obliged to sell for the purpose of paying for his lands 
twice. Smith told him he had an obligation for a deed 
— but witness never saw it. Smith and one Hodgdon 
purchased together a gore of land which they had run 
out and afterwards divided. Hodgdon had a deed, 
and witness supposes Smith had one also. The witness 
laid out the tract in the Brown right, devised by his 
father to him ; it has been taken away by settlers, and 
witness never expects to be the better for it, though 
witness thinks his title from his father as good as any 
of the titles —His father was an heir originally in the 
Brown claim, and he afterwards purchased out other 
heirs ; on© of the heirs was either Pitman or Putnam, 
from whom his father purchased. The sum paid by 
his father to the heirs, of whom he purchased was 500 
dollars. 

The witness has lived in this part of the country a- 
bout forty years, has had oifers from the Proprietors 
that claim under Christopher Tappan to purchase the 
land whereon he lives of them — but never knew any 
of the claimants giving warrantee deeds to any person 
— has heard of some settlers in Bristol being sued who 
have taken deeds under the Brown claim. Witness 
testified, when he first came into this country forty 
years ago it was well settled on the Damascotta river 
— that his father was a proprietor in the Brown claim, 
and also in the eight miles square so called — that the 
common report from old people now dead was, that the 
eight mile square extended to Brown's cove ; witness 
has heard so from his father and others -, and when he 
first came into the country the cove went by the name 
of Brown's cove, and some people call it so to this day. 



150 

The witness has heard Maj. Noble say that the Brown 
claim began at Pemaquid ; but since he has heard from 
others that it did not come farther down than Damas- 
cotta pond. 

The witness knows nothing of the burning of Jona- 
than Cook's mills, excepting by hearsay. 

The witness further testified, that he knew a num- 
ber of persons living near him, who had purchased, 
some under one title, and some under another — That 
the land on which he lives, and which he holds under 
Smith's conveyance, was first taken up under the 
Brown claim, and has been possessed upwards of sixty 
years. The witness knows a great many persons who 
have purchased under former possessors of the land, 
and where they have bought their land twice, he had 
heard that they could not obtain warrantee deeds. — 
There was a tract in Nobleborough, about 1800 acres. 
'Squire Woodbridge (under the Tappan right) offered 
a deed of it to Mr. Nichols for a heifer, in case Nichols 
would hold under him — The witness does not know 
whether the Brown claim covers that tract. 

The witness further testified, that Maj. Noble, 40or50 
years ago, came into this part of the country, and had a 
conversation with oneChapman, a settler. Noble observ- 
ed, " Chapman, I own this land, and you had better 
buy of me" — Chapman replied, " I do not think you 
own it" — Maj. Noble then remarked, " if you do not, 
then I will sue you" — Chapman replied, " if you will 
sue me, and stand a fair trial, and bring forward your 
title, I will give you the choice of my cows." The wit- 
ness further stated, that the foregoing conversation 
took place about the time he came to this country. 

The witness further testified when he came down 
here forty years ago the farm on which he now lives 
cut twenty tons of hay. 



151 

John HiistorHs Testimony. 

John Huston of Bristol, testified — 

That he was born in Boston in the year 174?, 
and came to this country, as he has been informed, the 
year following. The country was considerably settled 
at that time, and the oldest settlement was that of the 
witness' grandfather who came here, as witness has 
beehrtold, in 1730 j at which time his father also came. 
As early as witness remembers the country was all 
settled down the river on the eastern side ; on the wes- 
tern side was principally settled. The witness has been 
told by his grandfather that the settlements were made 
under Col. Dunbar, and the witness himself knows 
where the two acre city lots are, that were laid out. 

The witnessTurther testified, that he heard Robert 
Huston his uncle, more than fifty years ago, observe, 
*' that Maj. Noble threatened to sue him," Huston told 
Noble, " he did not care if he did." The witness un- 
derstood the lands round here were settled under Dun- 
bar. 

The witness further testified, that a great many years 
ago he remembers living in^rrison — In 1757, the In- 
dians killed a man and took another, and the next day 
they went into another part of the town, and killed 
two more and wounded several. Before witness was 
born, the Indians killed his aunt and grandmother, and 
took his grandfather prisoner ; and these distressing 
scenes were all over the country ; tlie people dwelt in 
garrisons and supported themselves. 

The people of Bristol, during the revolutionary war, 
had frequent drafts made from them; they paid taxes, 
and suffered very much. Pemaquid was most exposed 
to the assaults of the enemy, and the inhabitants of 
the adjacent towns frequently came to their assistance. 

The witness further testified, that during the war, 
or any period of difficulty, he n-ever heard about pro- 



152 

prietors — He never knew of their being taxed, or pay- 
ing taxes, or giving any inventory of their property to 
assessors. The witness lives on the same land which 
his grandfather occupied, and never was threatened 
with a suit. 

The witness further testified that he knew nothing 
of Shem or Thomas Drown, nor about their laying 
out lands — he knew David Drown of Pemaquid, he 
was lost in a vessel going to Boston. 



John Farley's Testimony. 

Hon. John Farly of New-Castle, testified — 
That about thirty-five years since he -purchased the 
land on which he lives of an Englishman of Wi^ name 
of Bowers, who claimed under Nathl. and John Win- 
slow, whose father lived on it ninety-five years ago. — 
About ten years after the witness purchased he was 
called upon by a Mr. Woodbridge who claimed under 
the Tappan right — Witness bo't of him — Afterwards 
witness purchased of five or six heirs of Winslow their 
rights. Winslow who formerly owned the land mo- 
ved away on account of the Indians — he was at last 
taken by them and carried on to a place called Loud 
or Fox's Island, and there killed at the same time that 
a woman by the name of Gray and six children were 
killed on place where the witness lives. 

The witness further testified, that he always under- 
stood Woodbridge claimed only one quarter of the 
Tappan right — He sold the whole right, however, to 
forty acres, which witness purchased, and for which he 
paid Woodbridge forty dollars. 



153 

Samuel Jackson's Testimony, 

Samuel Jackson, of Jefferson, testified — 
That he is fifty-five years of age— That in the year 
1776, Joseph Chapman possessed a farm in Jefferson, 
and in 1778 conveyed it to witness by deed marked 

m. That no person at that time lived within 

eight miles of said farm, and that witness has resided 
on it from that period to this day — That from 1 778 to 
the year 1803, the witness was undisturbed. In that 
year he was sued by the claimants under Christopher 
Tappan j the action was carried through six terms of 
the Supreme Judicial Court, and was three and an half 
years before a final decision. The witness recovered 
of Tappan's claim in the action, and his bill of cost 
which he recovered was 340 dollars — but the law suit 
cost him 550 dollars more in addition thereunto — After 
the determination of said suit, witness purchased of 
John Allen and als. as by their deed marked -^^ — N. 
under a resolve of the General Court, and also a re- 
solve of the Lincoln Academy, Since purchasing of 
them, witness is again sued by the heirs of Vaughan, 
under the Brown claim, which suit is still pending. 

The witness further testified, that he does not live 
within the limits of the Plymouth Company's patent, 
but 3-4 of a mile beyond it. They claim three-fourths 
of a mile to the eastward of the inlet to Damascotta 
pond. The Plymouth Company, the claimants under 
Brown, and those under Tappan, all claim one part of 
she land as being within the limits of each respective 
right. 



20 



154 

John HalVs Testimony. 

John Hall, of Nobleborough, testified— 
That he is sixty-four years of age, and occupies a 
farm in Nobleborough, which he purchased of Cud- 
worth Bryant, about thirteen years since, and gave 
him four and an half dollars per acre. It consisted of 
about an hundred acres, and Bryant had made some 
small improvements, and witness purchased his posses- 
sion. The witness has lived on it since he purchased 
it, and has been sued for it twice. The first time, about 
four and an half years since, under the Tappan claim, 
by Follansbee — the latter by Mr. Noble, under the 
Brown claim — both actions are now pending and un- 
decided. Mr. Noble offered to give a w^arrantee deedj, 
in case witness would take under him. 



Frederic Hatches Testimony. 

Frederic Hatch, of Nobleborough, testified — 
That he is fifty-two years of age, and thirty years 
since he came to Nobleborough, and purchased the 
farm on which he lives of one W illiam Clark, who had 
been on seven or eight years ; at that time all the lands 
in the neighborhood of witness, were taken up — and 
the present occupants generally have deeds from prior 
settlers. The witness gave Clark for the land 49/. 6j. 
^d. He purchased for 200 acres, but on survey it held 
out only 180 acres. The land generally round this 
river was settled when witness came to this country. 
Almost four years since, the witness was sued for this 
land by Mr. Follansbee, agent to the Tappan claim. The 
action is still pending. The following year he was 
sued by Noble under the Brovy^n claim, which suit is 
also now pending. 



155 
John Linscofs Testimony. 

John Llnscot, of Nobleborough, testified — 
That he occupies a farm in Nobleborough, which he 
purchased of Arnold Weathren, in the year 1788; it 
consisted of about 100 acres; the price which witness 
gave for it was about seventy dollars. The witness 
enjoye.d it undisturbed till about three years since, he 
was sued by Mr. Noble, under the Brown claim, which 
suit is still pending. The witness further testified that 
the people generally in his neighborhood hold their 
lands by deeds from prior settlers. 



Bef?jamin Plummer's Tesiimofiy. 

Captain Plummer, of Nobleborough, testified — 
That he is Q^ years old — That a number of years 
since, there was an old house on Belvidera Point, at 
thejiead of the Bay, which witness was informed by 
Colonel Dunbar's wife was built by him. She then 
lived at G:eorge^, and had married a seco nd husband 
by the name of Hendfitmn- The conversation with 
with her took place in 1 2X6, and she then appeared to 
be very old, as much as seventy years of age at least. 
She then told witness also, that Colonel Dunbar, atter 
Ijuilding the house abovementioned had prepared the 
cellar back of it to erect a large one — but he never did 
any thing more towards it. Witness does not recollect 
that Mrs. Dunbar mentioned the time when her hus- 
band built the house. Belvidera, the place where wit- 
ness lives, as far as Musconkus pond, was called Wal- 
pole. 

The witness further testified, that he owns a farm at 
Nobleborough. His father bought it of one Hussey — 



156 

Whether Hussey held under Noble or Vaughan, wit- 
ness cannot say. That his father came into this coun- 
try in the year 1756, and purchased one hundred acres 
of Hussey. The witness has in the whole more land 
than was conveyed by Hussey, but does not know the 
exact quantity. The remainder of it, some he took 
up, and for some he has deeds from other persons, one 
of which is a deed from Nathaniel Rollins. The father 
of witness died during the war. 



William Rogers' Testimony. 

William Rogers, of Bristol, testified — 

That his na tive place was Fort Frederick , Pemaquid, 
and that he recollects events which took place in the 
year LI^S.; that he was then years of age. About 
that period the inhabitants were obliged to leave their 
settlements and come into the fort for protection. 

The witness further testified, that after the destruc- 
tion of Pemaquid Fort in the yeaM69_6, he has heard 
his father say, that he had walkedjoyerJtj^j;uins, and 
he has also heard him observe, that at that time there 
werejio Engl ish settlements between Kennebec river 
and Nova^Scotia^ That his father had informed him 
that he was in Nova Scotia in 1727, and was at Pema- 
quid when Governor Dunbar was, about 1730. Gov- 
ernor Dunbar, as witness was informed, removed to 
Portsmouth, and his garden and stable were left in the 
care of Mr. Rutherford, a clergyman. (The Witness 
remembers Mr. Rutherford.) Dunbar assigned to Da- 
vid Allen, uncle of the Witness, his garden. 

(The Witness here produced an original letter from 
David Dunbar to the Rev. Mr. Rutherford, dated Feb. 
1, 1734, marked S.) 



157 

y^ The garden abovementioned witness possesses under 
the Dunbar title. His father lived there. . His uncle 
David Allen was slain by the savages, and the witness 
has purchased ef his heirs. 

The witness further testified, that he has heard his 
father say, that Dunbar gave a twelve months provi- 
sions to the settlers -, that he laid out three settlements, 
and named them Walpole, Harrington and Townsend 
— that the settlements on the river in that part of Wal- 
pole and Harrington, which is now Bristol, Colonel 
Dunbar laid out into tw elve acre Ig ts, and in that part 
of Walpole, back from the river , he laid it out into 
100 acre lots. In Townsend, which is now called 
Boothbay, witness was told by his father, that Dunbar 
made a grant to him and one M'Cobb, on condition of 
getting on a certain number of settlers. The settlers 
were procured, and were to have any number of acres )''C^ 
less than one thousand. And the witness testified, that 
the descendants of these settlers at the present time form 
most of the inhabitants of Boothbay. The witness* 
father, under the Dunbar grant, let a Mr. Rogers have 
a lot for a calf pasture, and his descendants live there 
to this day. The witness testified that he had heard a ' 
Mr. Hiscock say that the inhabitants of Walpole almost 
all held under the Dunbar title. Walpole line was 
supposed to extend nearly up to the mills above Bristol. 

The witness further testified, that from the year 
1758 down, it was supposed that the settlers v/ere to^ 
have their lands under the Dunbar title. During the-' 
revolutionary war, the inhabitants of this country heard 
nothing about proprietors. They fought under the 
- idea that they were to have the lands they \* e re de- 
fending; and a quarter part of the able bodied men of ) 
Bristol fell either by land or sea. 



I 



158 

Sa?m/el Boyd's Testimony. " \i 

Colonel Samuel Boyd, of Bristol, testified — 

That fifty-four years ago he came to this country, , 
and resided one year in the fort at Pemaquid — that on 
the western side of the river, excepting at Boothbay, : 
there were but four settlers, Crocker, Montgomery, 
Cove and Winslow ; on the eastern side of the river " 
there were inhabitants, but the witness cannot tell how ; 
/ jjii^ many. A great number of the white inhabitants had i 
•" been driven off bj the savages. The mills of Mr. ' 

Vaughan were built when witness came here. He did 
not know either of the Vaughan's, but was acqainted 
with Mr. Jones, who tended mills — but for whom he J 
tended them, witness cannot say. The witness was ac- 
quainted with Noble. I 

The witness further testified, that his father was here I 
in the days of Colonel Dunbar, as he had been inform- 
ed, and that then he was a single man — the Indians 
drove him away. Witness had heard his father say 
that Walpole and Harrington were both laid out by ! 
Colonel Dunbar, and some part of them were laid out 
- into ten acre lots ; the neck of land was laid out in i 
that way, and the rest into larger lots. Witness did i 
not understand that there was a survey of the whole ] 
tract. j 

Witness lived the year abovementioned in Pemaquid ' 
^^^ ^ort with John North, and his father, when Indians 
^^ ■" drove him away, lived in Brown's Cove. 



Jonas Fzfch's Testimony. 

Jonas Fitch, of Bristol, testified — 
That he shall be eighty-three years of age in June 
next ; that he came into this country in 1753 — in 1754 



159 

was an officer under General Winslow, in building 
forts Halifax and Weston, on Kennebec river ; in 1 775 
wa'^ under Gen. Monckton, in reducing Nova Scotia — 
in 1756 was in this country again, in the provincial ser- 
vice as Lieutenant, under Capt. Goodwyn ; in 1757, 
'58 and 59, the witness commanded a company which 
was ranging from Brunswick to Georges, through the 
woods. After retiring from service, about the latter of 
these periods, witness purchased a place in Kennebec. 
Three years afterwards, witness lost his wife, and about 
three years after that, went (in 1764, or thereabouts,) 
witness removed to Damascotta, and has resided there 
ever since, to a part of the town of Bristol, which was 
then called Walpole. At that period, there were a con- 
siderable number of inhabitants, witness thinks 80 or 
90 families, in the limits of the present town Bristol, 
living chiefly in garrison at times. A number of fami- 
lies beside, lived entirely in garrison. Pemaquid and 
Walpole were pretty full of inhabitants ; and the peo- 
ple who lived in garrison had their separate farms in 
town. The witness married another wife, and pur- 
chased the farm, on which he has lived ever since, of 
her children. Miller took it up ; about 5Q or 57 years 
ago — he settled on it, though he worked on it a number 
of years before. About the year 1745, Miller bought 
another lot of land of Major Noble, and gave his notes 
for it. After Miller's death, Major Noble made a de- 
mand on the witness for the payment of them. He 
told him if he compelled the witness to pay notes, he 
should oblige him to make good the title. He never 
made him pay the money. 

The witness further testified that the settlers at Pema- 
quid went on, some under Noble, some under Drown, 
and some under the Plymouth company. That Shem 
Drown gave to his son David a lot of land ; David sold 
to one Given ; Noble sued Given for it, and the action 
was settled. 



^ 160 

The witness has heard Drown (the old man) say that 
Dunbar came down to settle the country, and that 
Drown and Waldo petitioned and obtained his removal. 

The witness further testified, that the Plymouth 
company once sued Drown, but what was done with 
the suit, witness could not tell. That Drown once sued 
Cane for Hog Island ; the witness believes Cane set- 
tled the suit, for he brought 4/. 0^. Qd. and paid Drown 
— and he (Cane) has always retained the land. The 
Drowns sold another lot to a person who could not pay 
for it, but Parson M'Lean purchased his right, and paid 
for the land. 

The witness further testified, that the Drowns have 
claimed for sixty years or more, as he has been inform- 
ed, down to Pemaquid. The Plymouth company have 
also claimed about there, and John M'Kown, who lives 
there, has taken a deed under the company. The 
grandfather of witness was one of the heirs of the 
Drown claim. His claim was descended to the wit- 
ness, but he puts little value on it. He never made 
any pretensions to it, and he thinks the settlers are the 
best entitled to it. 

Shem Drown and Thomas Drown have told the wit- 
ness that the condition on which they had their lands 
were to make shipments of male persons, and pay a 
pepper corn. Thomas Drown told him that they were 
in the original grant to have 100 acres for every male 
that was shipped. How many arrived, witness never 
heard him say, but has heard him say, that they ship- 
ped 120 male persons. The witness further testified, 
that a short time before the commencement of the revo- 
lution, Thomas Drown laid claim to an island called 
Loud's island, and had put one Loud upon it. The 
witness enquired why he did not sue for it ; he replied 
that he believed he was outlawed ; that the leases were 
run out, and good for nothing ; he further stated to 
the witness, that the Pemaquid proprietors had not had 



161 

a meeting for seventy years before. Loud's son, since 
the above conversation, has sold the island, and Flagg 
has sued the grantees. 

The witness further testified, that he was acquainted 
with John North, Esq. the surveyor ; that in the year 
1756, the witness asked him how many acres Drown 
was entitled to j North replied 12000 acres; witness 
then inquired of him how many acres he haii laid out ; 
he answered 80,000 acres. When witness first came 
down, he asked Mr. Drown why he would not give 
warrantee deeds ; he answered that where he sold 
lands, he would— where he gave them away, he would 
not. 

The witness further testified, that his father's name 
was Joseph Fitch — that his mother was the daughter of 
Timothy Clark, and that she had five sisters, viz : one 
married to Thomas Ruck, one to Shem Drown, one to 
Timothy Parrot, one to John Chandler, and one to John 
Kneeland. Mrs. Kneeland died and left a child, a 
daughter, named Prudence. Mrs. Parrot died and left 
a daughter, married to Christopher Tilden, and a son, 
Timothy Parrot. Thomas Drown was a son to Shem 
Drown. The five sisters married as above mentioned, 
and witness' mother were sisters of Jonas Clark, and 
they were all co-heirs of Timothy Clark. 



William Bur/is* Tesibnony. 

Deacon William Burns, of Bristol, testified— 

That he was seventy-seven years of age last autumn ; 

that he was born at a place called Plarrington, nea r 

Pemaquid , now within the limits of Bristol . The father 

of witness, as he has been informed, settled at Penxa- 

21 



162 

quid, under Colonel Dunbar, a short period before the 
■witness was born. Witness' father has informed hioi 
that the settlers had drawn for their lots at P i ^maquid ^ 
but some of them were not pleased with their situa- 
tions. His father was among the number. At last 
Brigadier Waldo gave him encouragement to settle at 
Broad Bay, and he moved there when witness was not 
more than four or five years of age. He lived there 
till the war broke out with the French and Indians, in 
1742 or '3. Previous to that period, Waldo had pro- 
cured settlers from Germany, and settled them under 
him at Broad bay. 

The war was very warm and distressing, for the In- 
dian s killed every person that came in their way — the 
witness' uncle William took a commission under the 
government, and raised a company with which he at- 
tempted to defend the country, but the war forced them 
away — the f ather of witness removed to Scituate , and 
his family remained there during the war for four or 
five years. He (thf^ father) was .a t the taking of Lou is- 
bur^, and commanded a trans port. After the peac© 
about the year 1748, he rem ove d to Pemaquid . Dur- 
ing his life since, and witness ever since his death, have 
lived in what is now called Bristol, excepting three 
times they have been driven off by the Indians. The 
father of witness, after returning to this country as 
abovementioned, settled at a place called Musconkus, 
under General Waldo, as by a letter from Waldo, 
marked a. v. 

The witness further testified, that he has since beeir 
obliged to purchase his land under the Drown right, 
and that within his remembrance five or six different 
claimants have appeared, offering to sell the same land ; 
that he knew at Round Pond as far south as his land j 
James Yates settled under General Waldo, about the 
same time with witness' father, and that the southerly 
part of Broad Cove is about four miles from witness* 
^ouse. 



165 

George James Yafes' Testimony. 

y 
Oeorge James Yates, of Bristol, testified — - • 
That his father settled at Round Pond under Gen. 
Waldo, who after his settlement gave him a cieed. — 
Since that time he was sued, about forty-seven or forty 
eight years ago, by a man by name of Henshaw — the 
father of witness tried to call in heirs of Waldo to de- 
fend, but they did nothing — he then bought of Drown, 
and under that title and his own possession, recovered 
in the suit. The witness has now a deed from Drown, 
but he has been frequently threatened by the claimants 
under the Pierce and Brown rights. The witness has 
heard his father say, that Dunbar had a grant of Pema- 
quid, Bristol, Harrington, &c. 



Henry Little's Testimony. 

Henry Little, of Newcastle, testified — 
That about seven years ago, Follensbee was suing 
the people of this quarter under the Tappan right — the 
witness shortly after saw Arthur Noble, nephew to 
James Noble, in Boston. Noble observed to witness, 
" You may depend on't that Follensbee has no right to 
land." Noble further remarked that he had a bunch, 
a bundle of old papers relating to these lands, and that 
his claim was better than Follensbee's, but he did not 
know that his title was good for any thing — that he 
never should disturb the settlers, but what his heirs 
might do after his decease, he did not know. The 
witness never knew of Arthur Noble's claiming any 
land in this quarter excepting the lot he lived on ; al- 
though he lived in this part of the country at Damas- 
cotta mills at least thirty-five years. 



164 

Txie witness further testified, that he was born \u 
that part of Walpole, which is now in the town of No- 
bleborough ; that he is now sixty-seven years of age — 
that the papers under the Tappan claim have frequent- 
ly been^put into his fathers' and brothers' hands. And 
that Woodbridge under the Tappan claim oftered to 
sell at a very low rate, but the father of witness never 
thought it worth while to purchase of him. The wit- 
ness further testified that Wood bridge was very p oor. 



Jacob Ludowick's Testimony. 

Jacob Ludowick, of Waldoborough, testified — 
,~^f%. That he is seventy-five years of age — that in 1753, 
/ Samuel Waldo, son of Brigadier Waldo, came to Ger- 
many, the native country of witness, and circulated 
proclamations to induce emigrants to come to America, 
promising them one hundred acres of land each. Wit- 
ness and others came over and settled at Broadbav ^ on 
both sides the river Musconkus . One Lisner v/as the 
agent to Waldo and the inhabitants lived undisturbed 
»y^i till about the year 1763 or 1764. At that period Lis- 
/ ner said that all^njhe wester n side of xhe river Mus- 
co nkus was owned by the Drow ns, and one Packard 
came and run it out for them, which induced the set- 
tlers to purchase the lands of Drowns, which they sup- 
posed had been given them by Waldo for settling — the 
price they paid was twenty shillings old tenor, and as 
many as fifty deeds were executed to persons who had 
settled under Waldo. Since that period they have 
been undisturbed, although they have been threatened 
with suits by the Brown claimants. 

The witness further testified, that Lisner and Samuel 



1-65 

Waldo both have informed him that the Waldo tract 
did not come on the ^vest side of Musconkus river. 

The w^itness further testified, that the bay, as far up 
as there is salt water, is called Broa(ibay, above that 
Madomock. ': 

The witness farther testified, that one William Minot 
was with Drown. " ^ 



A7nos Moody^s Testimony. 

Amos Moody, of Nobleborough, testified — 
That he lives about half way up Daraascotta pond, 
on the east side thereof, and that his lot adjoins upon 
one owned by his brother, who is sued for his lot by 
Noble — that gaid suit is now pending — that witness* 
father took up a lot of land adjoining Damascotta 
pond, about forty-six or forty-seven years since — that 
on his decease, witness administered on his estate — 
that aboiit the year 1 779, witness sold the land at pub- 
lic auction, and the present James Noble bid it off, and 
received a deed which was written by and acknowledg- 
ed before Arthur Noble — that there were 116 acres of 
Jand — that the right that was sold was the equity of 
redemption. It was under a mortgage to Arthur No- 
ble for a debt the father of witness contracted with 
him, and James Noble bid it off as the highest bidder, 
though the price he gave was not large — the land nev- 
er was purchased of Noble by witness' father, but was 
taken up by him. 

The witness further testified, that he was knowing 
that land of Caleb Mattocks was set off to Arthur No- 
ble on an execution against said Mattocks, situate about 
tUree quarters of a mile below the house of witness. 



Noble recovered judgment against Mattocks for abou! 
sixty dollars, and levied on about twenty-five acres of 
the land. About one year afterwards, witness pur- 
chased the land of Noble, and gave him therefor 251. 
for it. Mattocks took up the land as a settkr? and 
4id not hold under any proprietor. 



Ebenczer Clark's Testimony. 

"Ebenezer Clark, of Newcastle, testified — 

That he is sixty=8ix years ef age — that some time 
since Esq. Noble requested the witness, together with 
Esq. Nichols and some other person, but whom wit- 
ness does not recollect, to apprise a lot of land from 
Caleb Mattocks. 

They apprised off about twenty-five acres to satisfy 
the execution, lying on the east side of Musconkus bay 
— Mattocks took up the land originally as a settler, and 
did not purchase of any person. 

The witness further testified, that about thirty-years 
since, he was going to take up some land ; Noble then 
told him not to take it up on any part of the tract he 
purchased of Cook and Jones, but he did not intimate 
that he claimed any other lands. 

The witness further testified, that Musconkus bay i* 
jn Damascotta pond, and extends across it. 



167 
David Dennis* Testimony. 

David Dennis, of Nobleborough, testified — 
That the witness attended the auction when the land 
®f the deceased Mr. Moody was sold, as stated in the 
above testimony of his son — the land was under mort- 
gage to Arthur Noble. When it was sold, James No- 
ble bid on it, and said it should not go below its value. 
The witness has heard of Esq. Noble's claiming the 
tract of eight miles square, but never personally knew 
of it. 



tVilliam AVCobb's Testimony. 

William M'Cobb, Esq. of Boothbay, testified— 
That he is sixty-nine years of age — that the firsJ 
claimants of Boothbay since his remembrance, about 
the year 1775, was the Plymouth company. A Major 
Goodwin, as their agent, came about that time, and 
brought a surveyor with him. He said he was willin 
to quiet the old settlers under Dunbar, with an hun- 
dred acres each. He brought with him Indian deeds, 
grants, and plans, to shew that the company's claim ex- 
tended to the sea. After Goodvvyn went away, ano- 
ther agent of the Plymouth company, Doctor M'Keck- 
nie settled in town. Many people in Boothbay took 
deeds under Doct:)r Sylvester Gardiner, who claimed 
under the Plymouth company — among others there 
were Andrew M'Farland and Ephraim M'Farland, and 
four or five more. 

The witness further testified, that the next claimant 
was Major James Noble, who claimed under one Hath- 
orn, by virtu© of a deed from Robin Hood to Henry 



'^< 



168 ' 

Curtis, and from Curtis to Hathorn. Noble offered fa 
quiet all old settlers in their possessions, in case they 
■would give up the rest of their land. About the year 
1766 or J 767, in one part of Boothbay Noble convened 
the inhabitants, made proposals, but they refused to do 
any thing — afterwards, as witness was informed, he 
tvent into the other part of the town, and asserted that 
the inhabitants generally had agreed to settle, and had 
taken deeds. Under this impression, a number were 
persuaded to compromise with Noble, and they gave 
their notes. Noble gave them each a stipulation, that 
on paying 13/. 6^. Sd. the amount of the notes, he 
would give a deed — the stipulations one of them the 
witness has lately seen — the witness believes that none 
^ of the notes were ever paid, or deeds given, and never 
'^^^ knew of any person's being called on for his note. 
^^ About thirty or forty years ago, witness testified thaC 

he saw a survey of a part of Boothbay, under a claim 
denominated the Ludgate claim, who derived his title 
from one Champnoi, under a will. Hathorne and 
Ludgate came down and made a division, and Hath- 
orne took one side of the town, and Ludgate the other. 
Ludgate made great professions, if people would buy 
♦ «vof him, that he would build a meeting-house, give every 
^^^ settler fifty acres, but he never did either. The claim 
^^ of Hartshorn and Ludgate did not extend to Edgecomb 
^ — but there is another Tappan claim which extends to 
Edgecomb. 

The witness further testified, that the Plymouth com- 
pany gave leases to people on Linnekan's Neck, m 
Boothbay. 



169 

Deed, Robin Hood, an Indian Sagamore-^ to Henry Cur- 
tice-, recorded March 10, 1713. 

A Deed of Henry Curtice, senior, recorded the 16th 
June, in the year of our Sovereign Lord King 
Charles the Sacond Anno Domine 1666, Jen'y. 20th 
day, 1666. 

Know all man by these presents, that I Robin Hood, 
sagamore, doth sell unto Henry Curtice, his heirs and 
assigns forever, a parcel of land lying on the north west 
side of the north west passage, and the pond joining 
in to the head of the north west passage unto the gutt 
of the Back river, with all the islands and inlets and 
marches containing unto the same. And likewise I 
the said Robin Hood doth pr. hibit and doth disown 
that any of my heirs and assigns shall lay any clam or 
privilidges unto the above mentioned land, and have 
given unto the above mentioned Henry Curtice, his 
heirs and assigns, full power and prossession to sett 
down there without any let or molestation. Where- 
unto I have set my hand and seal, the day and date 
above mentioned. 

THE MARK. 

Signed, Robin L. Hood. 
Witness, 
Daniel Benether^ 
William Cliffe. 

Rascoba his office, 
examined. 
This deed was acknowled by Robin Hood, saga- 
more, this 29 May, 1666, before me, 

Henry Joslin, justice in coram. 

In the year 'Q'o, Walter Phillips^ Recorder, Essex, 
ss. August 23, 1785. 

23 



} 



170 

True Copy from Records in the Register of Deeds, 
book 4, leaf 115. 

Atest, John Pickerings Reg. 



Deeds Gosle to Davis — o. o. o. 

Know all men by these presents, that whereas Wit- 
tanois, Indian, and John Cottar did dispose of unto 
Silvanus Davis a tract of land lying in and adjoining 
to the river of Damariscotta as the within writing men- 
tions. 

Now, know all men that I Gosle, Indian and Saga- 
more dc by these presents confirm the within premises, 
and do bind myself, my heirs, executors, in the for- 
feiture of twenty good merchandable beaver skins, un- 
to the said Davis, his heirs or assigns that he or they 
shall enjoy the said land quietly and peaceably free and 
clear from bargains, grants, premises, intanglements, 
incumbrances wnatsoever. 

In witness whereof 1 have put my hand and seal 
this 8th day February, 1665, and in the 18th year of 
the reign of our Sovereign Lord King Charles ye. sec- 
ond. 

GOSIL X ^"^ rnark. (seal.) 
Sealed, signed and delivered 
in the presence of us. 

The mark of Markes M. Parsons, 
Epkra/m Marsfon. 

The 29th May, 1666. The above written Gossery 
did acknowledge this above instrument to be his act 
and deed. 

Before me, George Munjoy, Just. Peace. 



171 

Memorandum. Falmouth, in Casco Bay, Auguet 4, 
1726. This deed was shewn to Wennmost, chief Sa- 
chim of Penobscott and his tribe, at a ratification of the 
peace then made between the government of the Mas- 
sachusetts Bay, and the Penobscott and other Eastern 
Indians, this done by a Committee of the General 
Court appointed for that purpose. 

Attest, John Waiivwrighty Cler. 

A true copy of the original, received April 15, 1734. 
Attest, Jer. Moulton^ Reg. 

A true copy from the Record of Deeds for the coun- 
ty of York, book 16, page 113. 

Attest, Wm. Frosty Reg. 



Alden Bradford's Certificate — €l» 

By this I certify, that there are now pending in the 
Court in the county of Lincoln, two actions against 
John Hall, of Nobleborough, in said county, and both 
are pleas of land brought to eject him from the lot of 
land and farm on which he now lives, with his family, 
in said town, one action being brought by James No- 
ble et al. who claim under a deed from Brown, and the 
other action brought by B. Pickman et al. heirs of 
Christopher Tappan, and it is for one and the same lot 
or tract of land, he is sued by each of said proprietors. 

Alden Bradford^ clerk of court in 
Lincoln county. 



172 

Proposition of the Claimants to the Legislature. 

It is hereby mutually agreed between the subscribers, 
non-resident claimants to lands lying within the towns 
of Bristol, Nobleborough, Newcastle, Edgecombe and 
Boothbay, or some of them, to submit the merits of our 
respective claims to three commissioners, to be appoint- 
ed by the Legislature of this Commonwealth, or his 
Excellency the Governor, under their authority, with 
the consent of us the subscribers, which commsssioners 
shall have full power and authority to determine both 
in law and equity, whether we, or either of us, under 
our respective claims, are entitled to any parts of the 
lands lying within the boundaries of our respective 
claims, and what part we may be so entitled to, in op- 
position to the claims and rights of the possessors and 
occupants of said lands, and in opposirion to the rights 
and claims of the Commonwealth, and we further mu- 
tually agree to release and grant to the Commonwealth 
all our rights and claims to the lands we shall be found 
to be entitled to respectively, by the determination of 
said commissioners, on condition that the Common- 
wealth shall grant and convey to us respectively, an 
equivalent in their unlocated lands in the district of 
Maine, the lands to which we may be so found to be 
entitled, to be estimated as in a state of nature, uncon- 
nected with any improvement made by the settlement 
of said towns. The amount of the equivalent to be de- 
termined by said commissioners. 

It is understood by the parties, that if this business 
should be delayed beyond the next session of the Gen- 
eral Court, thnt the proprietors are at liberty to proceed 
in bringing their actions so as to avoid the statute of 
limitation, and should there be an eventual failure in 
briujjing this bu iness to an amicable adjustment upon 
principles hereby contemplated, or to be agreed upon 
by the parties, and if the said proprietors, by such de- 



173 



iay» should be likely to be injured by the operation of 
the statute of limitation, that provision should be made 
by law to prevent such operation. 

In witness, we have hereunto mutually and respec- 
tively set our hands and seals, for ourselves and the 
respective claims we represent, this tenth day of May, 
in the year of our Lord one thousand eight hundred and 
eleven. 

Thomas Follenshet for the Tappan 

right or claim, so called, by (seal.) 
Silas Lee, his attorney. 
Signed, sealed and delivered 
to the commissioners, in 
presence of 

John Merrill, jun. 

James Flagg^jun. for the Drowne 

or Pemaquid proprietors, so (seal.) 
called. 
James Noble, who claims the 
whole of the eight miles square 
under the Brown title, and two (seal.) 
fifths of the residue of the 
Brown right. 
(seal.) W. S. Vaughan, attorney] For the Brown 
for Wm. Vaughan. I claim, their propor- 

Geo. E. Vaughan, as att'y. ( tions therein, as it 
to Sarah Rindge. 
Dan. W. Lincoln, att'y. 
to the heirs of Samuel 
Waldo, who claim one 
undevised moiety of the 
eight miles square. 



Witness, John Dix. 
Witness, Steph. WLellan. 
Enoch Lincoln, witness 

to execution by 
Z). W. Lincoln. 



respects James No- 
ble and themselves, 
' and each other, to 
be ascertained by 
the commissioners 
which may be so 
appointed. 



ERRATA. 
In Commissioner^' Report, page 12, line 13, for ** the 
regular," read, th^it regular, &c — page 26, line 7, for 
" is son," read, his son, &c. 



LIBRARY OF CONGRESS 



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